Taser use by Petaluma police was proper, court rules

A Petaluma man shocked twice by a police Taser in his parent?s house after a mistaken 911 call can be charged with resisting arrest, a Sonoma County appeals court has ruled.

Sean Lent was uncooperative and attempted to block the officers? view into the house when they were dispatched last year to check the welfare of occupants, according to Monday?s ruling from the three-judge panel.

Because of the circumstances, the officers were justified in forcing their way in without a warrant and subduing Lent, who illegally resisted their efforts to place him in handcuffs, the judges said.

?No Fourth Amendment violation occured,? the appeals court ruled. ?Therefore, when the officers entered the home, they were lawfully performing their duties as peace officers.?

The case stemmed from an accidental 911 call placed from Lent?s parent?s home on Easter Sunday.

Emergency dispatchers had called police earlier in the day when Lent?s father fell ill. A few hours later, a visiting relative mistakenly pressed redial on the phone and hung up.

When police dispatchers called back, Lent said it was an accident, but his comments seemed terse and dismissive. He seemed more concerned about preventing a police visit than explaining the situation, the court said.

When officers arrived and explained why they were there, Lent was belligerent and took a hostile body posture, the lower court said.

Lent barred the door with his arm and blocked the officers? view when a woman appeared inside the house with a concerned look on her face, the appeals court said.

Lent then tried to close the door, but officers pushed their way inside and tried to handcuff Lent. When he resisted, he was shocked twice by a Taser and arrested.

The appeals court concluded the trial court erred in finding Lent?s actions did not constitute an illegal obstruction.