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.

Sheriff Says No To Tasers

All over the nation, and especially here in Texas, police departments love their new toy -- the taser gun. The taser delivers a 50,000 volt shock that is supposed to disable a person without harming them.

But it hasn't worked out that way. This supposedly non-lethal weapon has turned out to be pretty lethal. Since 2001, at least 336 people have died in the United States after being tasered, and hundreds more have been killed world-wide.

But police departments nationwide still parrot the view that the taser is "non-lethal". That's because they have issued the tasers to their officers and don't want to admit legal liability for any deaths that occur. And deaths will occur where ever tasers are used -- it's just a matter of time.

When issued, tasers were only supposed to be used in life-threatening situations to avoid using a firearm. But many times today, the taser is misused. It is used sometimes just to avoid a scuffle, or because a suspect is bad-mouthing officers. A few rogue officers have even used it to torture people they don't like.

Fortunately, there is a sheriff that sees the truth about the danger and misuse of the taser. Tarrant County Sheriff Dee Anderson is bucking the trend. He has refused to issue tasers to his deputies or authorize their use. This is a courageous decision by the sheriff, since the other departments in the area have tasers, and sheriffs in other heavily populated Texas counties use the taser.

Sheriffs in Bexar, Harris, Dallas and Travis counties has issued tasers to their deputies. The Border Patrol also uses tasers, and the Texas Department of Public Safety will soon have them at their disposal.

Sheriff Anderson has decided the risks are too great for the possible rewards of taser use. He said, "My concern has always been that someday there would be an officer that might cause the death of someone with one of the Tasers. If you have a less-than-lethal option in your hand and you end up causing the death of someone, I felt it would put the deputy in a tough spot."

Sheriff Anderson talked with the Tarrant County Medical Examiner before making his final decision. Anderson said, "He voiced those very same concerns. He thought if the Taser was used on a perfectly healthy individual, that it was probably safe. He said he feared someone under the influence of alcohol or drugs or had some physical impairment in some way...that there could be further damage done, up to causing the death of a person. It gave me great pause."

Sheriff Anderson is a Republican, and as most readers of this blog know, I don't think too highly of Republicans. In spite of that, I have always thought Sheriff Anderson has done an excellent job running the Tarrant County Sheriff's Department. His recent decision to not use tasers just reinforces that belief.

The role of policing agencies is to "protect and serve" the public -- not to cause unnecessary deaths.

Rep. Burnam Wants To Limit Use Of Tasers

Well, there goes Rep. Lon Burnam [D-Fort Worth] again -- making far too much sense to be a Texas legislator. Burnam has filed House Bill 418, which would limit the use of Tasers by law enforcement officers here in Texas.

Tasers are being used far too often these days. In 2002, Austin police used a Taser only 3 times, but in 2004, they used a Taser 265 times. Houston police have used a Taser 892 times in the last two years. Tasers are not only being used too often, but they are being used in situations in which they are not warranted.

Rep. Burnam's bill would limit Taser use to those situations in which "deadly force" is justified, as defined by the Penal Code. Rep. Burnam says:

"The number of incidents in which officers use Tasers on unarmed people is truly alarming. There are currently 16 documented deaths due to Taser use by police in Texas. There is a perception out there that Tasers are safe and generally harmless. That perception is dead wrong. Tasers have proven to be lethal and that's why they should only be used in situations in which deadly force is justified.

All my bill says is that if you're going to shoot someone with 50,000 volts, it should only be done when the officer is in grave danger. If a suspect is unarmed or does not present a deadly threat to the officer, they should not be tased.

Tasers are being used on minorities with impunity. It needs to stop."