Court Limits Police Use Of Tasers

I would like to think that most police departments only use Tasers as a last resort for an obviously violent person, but that has not always been the case. Some officers have used the Taser on people who are just refusing to obey an order (like a demonstrator showing passive resistance). Fortunately, a federal court has stepped in to hopefully prevent the misuse of Tasers.

In the case of Coronado (California) police officer Brian McPherson, a three judge panel of the U.S. 9th Circuit Court of Appeals has ruled unanimously that McPherson used excessive force and can be sued by the motorist he had stopped, Carl Bryan. Bryan says he did not hear McPherson tell him to stay in his car after he had been stopped for not using a seat belt. He got out of the car and stood about twenty feet from the officer. Although upset, he made no threats toward the officer. Officer McPherson said he Tasered Bryan when he took a step toward him. Bryan denies taking the step.

This marks the first time a court has ruled that Taser use can be excessive force which can make the offending officer liable to be sued (and the department also if the excessive force was authorized). The ruling also distinguishes between the use of pepper spray and the use of a Taser (which many police agencies consider to be equal force).

The court said the use of a Taser is a more serious use of force than the use of pepper spray. That distinction needed to be made since Taser use has cost the lives of hundreds over the last few years, while pepper spray has not resulted in nearly as many deaths (if any).

The judges have limited the police use of a Taser to situations where a person poses a serious danger. Situations where a person is using passive resistance (like a demonstrator who refuses to get up), or a person who is not fighting but refuses to get down on the ground, or a person is running away from officers, do not rise to the level of serious danger and a Taser may not be used.

Since this ruling was made by a federal court rather than a state court, the ruling could conceivably be effective in all states. It will probably be appealed to the U.S. Supreme Court, but if it is I hope it is upheld there. Some officers are misusing Tasers, and this needs to be stopped.

I have worked in various aspects of law enforcement for most of my working life, and I want police officers (who have a very dangerous job) to be safe. But the use of Tasers on non-violent individuals is just wrong and needs to be stopped.