Tasers

A recent 9th circuit taser case has created some controversy.

Although 9th Circuit cases apply only to officers in the "west" -- e.g. Arizona -- it is my opinion that the basic ruling in this case is / or will be the law in virtually every jurisdiction.

The holding of the case is that basically officers should use the taser for assertive / aggressive resistance -- and not passive resistance.

This is already a departmental rule or policy in many departments, but I think it will soon be the law in most jurisdictions.

Some times there will a question as to whether the suspect is being aggressive / assertive, which may end up being a jury question anyway.

In the 9th circuit case the officer said he told the suspect to get back in the car. The suspect took a step toward the officer who was about 20 feet away and the officer tased him. The suspect fell head first and broke his teeth and had facial contusions.

The suspect said that he didn't hear the officer tell him to get back in the car and never took a step toward the officer. The taser prongs actually hit the suspect in the back.

So -- my advice? The same as I have always said -- unless you have a very good reason, do not use your taser when you encounter passive resistance.

Best -

DA