Should officers personal cell phones be fair game in court?

Is it right that an officer should have his personal cell on him? Can it be used against him in court?

Case in Mexico, officer thought he would have an easy win until a phone call on his personal cell phone was brought up in court which quickly turned the tables. The call apparently tipped the officer off about the whereabouts of the gold Acura they were looking for.


http://www.policeone.com/patrol-issues/articles/1966734-Are-a-cops-personal-cell-phone-records-fair-game-in-court

POLICE ABUSING THEIR POWER

http://www.thestar.com/news/crime/2013/07/29/cellphone_videos_fight_police_abuse_of_power_experts_say.html

I read this article online and was shocked that police are trying to take away peoples cameras, phones, etc. for recording police when they are acting out of order. The police do not have the right to do this and I think this is another way police can abuse their power even though it is not physical abuse.

Death of Robert Dziekański, 2007 Taser Incident

Robert Dziekański Taser Case

Skip to 6:20 to see the incident. If this video does not work then you may go on Youtube and watch it there, the video is called-

Vancouver Airport - Robert Dziekanski's Taser Death (Full)

So many of you may have heard of this case that happened back in mid October, 2007. The story goes like this; Robert Dziekański is from Poland and was deciding to emigrate to emigrate to Kamloops, here in British Columbia. He planned on starting a new life here, living with his mother. However in October, 2007, he arrived in Vancouver Airport, speaking not a word of English. After spending many hours in customs, he eventually left and became very agitated. No one could help because no one could communicate with him. Shortly after 4 RCMP officers arrived, trying to resolve the situation. Within less than a minute one of the officers ordered for a taser to be used. Robert fell to the ground and began convulsing, thrashing around and screaming all the while the officers continued to tase him, hold him down and handcuff him. Shortly after Robert Dziekański's heart stopped, and he died. None of the officers helped him and instead waited for the paramedics to arrive, to which they couldn't revive him.

There are many controversies as to what happened, and why it happened that day. The officers claim to have resorted to the use of the taser because the use of pepper spray had the potential of harming innocent bystanders. However if you watch the video, you will notice that the officers were separated from everyone else by a glass wall. So the question is why? Why use a taser, or why use any weapon at all when all Mr. Dziekański was doing was being part passive; part active resistant? Mr. Dziekański (although didn't speak a word of English) was being verbally refusive, and was only walking away, he never got physical in the attempt to apply force to any of the officers. Robert Dziekański's was probably angry from all that was going on with customs, but he was also probably scared from being in a new environment, one that he's no used to and doesn't understand what's happening around him. His behaviour does not justify the RCMP officers to use a weapon such as the taser, and especially because it was 4 odds to one.

When dealing with a situation like this, it's best to look at it from all angles, meaning we have to look farther than the outside occuring factors and look internally. What were the officers thinking? What were they perceiving? Based on their personal risk assessment at that given moment, they felt it was necessary to use excessive force with a weapon. But based on what the video shows, and from the information gathered by witnesses, that story is believed to be incorrect, it is believed that the RCMP officers acted immorally. What they did was unjustifiable as there was no real threat to their safety or the safety of others.

To this day a verdict has not been made but there will be another trial in February of 2014. These officers have been defended by RCMP the whole time, claiming what they did was right, but I still feel it wasn't, and I am looking forward to the result of the trial this February. 

Here are a couple of other links to take a look at and read, both have some good information.

http://en.wikipedia.org/wiki/Robert_Dzieka%C5%84ski_Taser_incident#Braidwood_Inquiry

http://www.thestar.com/news/canada/2013/07/28/robert_dziekanski_verdict_expected_in_trial_of_mountie_charged_with_perjury_at_inquiry.html