Police Taser Use: Limits in California’s Excessive Force Law

Understanding Tasers and Their Use

According to Britannica, a taser is a handheld device that incapacitates a person by delivering a 50,000-volt electric shock through two small darts connected by thin wires [1]. These darts can penetrate clothing and, once in contact with the target, disrupt the nervous system, resulting in temporary incapacitation. The Taser, which uses compressed nitrogen to launch the darts and is not classified as a firearm, can also function as a stun gun by directly pressing it against the target’s body.

Development and Adoption of Tasers
The Taser was developed in the mid-1970s by American inventor Jack Cover, with the name “Taser” being an acronym for “Tom A. Swift Electric Rifle,” inspired by Cover’s favorite childhood books. Manufactured by Taser International, the device was introduced to law enforcement in the 1990s as a non-lethal alternative to deadly force. By 2011, over 15,000 law enforcement agencies in the United States had adopted the use of Tasers.

Since the practical recognition of civil rights by the U.S. Supreme Court concerning police abuse in the 1960s, the improper use of deadly force has become a significant problem for law enforcement agencies. The Supreme Court’s decision in Tennessee v. Garner (1985) highlighted that there were significant limits to the use of deadly force under the Bill of Rights

Understanding Stun Guns: Function and Usage

According to Mace, stun guns are self-defense devices designed for direct contact, emitting a high-frequency electrical pulse to immobilize a person [2].

They generate approximately 1,200 volts and must be used at close range but can deliver multiple shocks.

To deter an attacker, you can perform a “shock test” by activating the stun button to display an electrical arc between the two metal probes, signaling that you are armed and enhancing the deterrent effect.

Also Read: What Are MVARS?

Police Guidelines for Taser Use and Deployment

According to the ACLU, a taser is designed to deliver a five-second electrical pulse, with the option for the operator to administer additional pulses if necessary to control the individual. It is crucial to avoid touching the probes or wires during this period to prevent receiving part of the electrical pulse [3].

Key Protocols for Taser Use:

• Verbal Warning: Officers should, if feasible, provide a clear verbal warning before using the Taser, such as “Stop, get on the ground, or you will be Tased.” They should also notify fellow officers when deploying the Taser.
• Targeting: The Taser should be aimed at areas specified in training, avoiding the face, neck, and groin whenever possible to minimize injury.
• Flammable Environments: The Taser can ignite flammable liquids and should not be used on individuals in contact with flammables or in environments where flammable substances are present, such as methamphetamine labs.
• Risk of Falls: Caution should be exercised when using the Taser on individuals in elevated positions or situations where a fall could cause severe injury or death, such as rooftops, stairs, or on pregnant women.
• Purpose of Use: The Taser must never be used punitively or for coercion. Its use is strictly for overcoming resistance during an arrest, preventing escape, self-defense, or protecting another person from physical harm, in line with the department’s use of force policy.

The Controversy Surrounding TASER Safety

The safety of Taser devices has been widely debated. Research presents conflicting views, with some studies indicating that Tasers can induce ventricular fibrillation (VF), a life-threatening heart arrhythmia. Animal studies in pigs have shown that Tasers can affect the heart, but differences between human and pig anatomy and conditions limit the applicability of these findings. In humans, there are isolated reports of VF following Taser use.

Conversely, other studies on healthy human volunteers suggest that Tasers are generally safe, showing no significant harm when applied to the back in controlled settings. However, these studies may not fully represent real-world scenarios, where factors like the suspect’s physiological state, environment, and possible drug use could increase the risk of sudden death.

Researchers are also exploring the role of “excited delirium,” a controversial condition that may lead to sudden death following violent encounters with law enforcement. This condition involves a surge in adrenergic tone, hyperthermia, or acidosis, potentially triggered by TASER use. Critics argue that the link between Tasers and excited delirium is not clearly established.

Epidemiological data on Taser safety is sparse and inconsistent. Some data from California police departments showed an increase in in-custody sudden deaths following Taser deployment, though rates normalized after the first year. Furthermore, a study highlighted potential bias in Taser-related research, with a significant proportion of studies affiliated with Taser International concluding the device was safe, suggesting the need for unbiased research.

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References:

1. https://www.britannica.com/topic/TASER
2. https://www.mace.com/blogs/self-defense-training/stun-gun-vs-taser-what-is-the-difference
3. https://www.aclu.org/wp-content/uploads/legal-documents/30099-30102%20Taser%20policy.pdf