IACP Legal Officers SectionLos Angeles Annual Conference

The Taser

A PowerPoint presentation by

Eric Edwards

Phoenix Police Dept.

Note to viewers:Several non-text video slides have been removed by AELE

CONDUCTED ENERGY- ELECTRO MUSCULAR

DISRUPTION WEAPONS

M26/X26 TASER IS MOST COMMON TYPE

NEW TYPES BECOMING AVAILABLESTINGER SYSTEMS

4 DART LESS LETHAL GUN

31 FOOT RANGE

RHEINMETALL W&M (German)PLASMA TASER (WIRELESS)

AERSOL SPRAY- CREATES A CONDUCTIVE CHANNEL FOR A SHOCK CURRENT

LEGAL ISSUES

1. IS A TASER A DEADLY WEAPON

2. IS A TASER A DANGEROUS WEAPON/ INSTRUMENT

3. MAY AN OFFICER USE DEADLY FORCE WHEN CONFRONTED WITH A TASER

4. FAILURE TO ISSUE TASERS

5. NEGLIGENT TRAINING

LEGAL ISSUES

1. IS A TASER A DEADLY WEAPON

Q: IS IT DESIGNED FOR LETHAL USE ?

TYPES OF TASER

• M26 (15-20 PULSES PER SECOND)– AUTOMATIC CYCLE

• SHUTS OFF IN 5

– MANUAL CYCLE• CONTINUOUS TRIGGER PULL

• X26 (2 SECONDS AT 20 PPS, 3 AT 15)– MANUAL CYCLE

• PHOENIX PD REPROGRAMED X26 TO CONSTANT 20 PPS RATE

TASER

• FIRES 2 PROBES USING COMPRESSED NITROGEN AT 1800 PSI

• THE PROBES ARE STRAIGHTENED FISH HOOKS WHICH DELIVER 50,000 VOLTS

• CAUSES ELECTRO MUSCULAR DISRUPTION

STUN VS EMD• STUN SYSTEMS

– JAMS THE CENTRAL NERVOUS SYSTEM WITH ELECTRICAL NOISE

– AFFECTS SENSORY NERVOUS SYSTEM– PAIN COMPLIANCE ONLY

• EMD– JAM AND OVERRIDE THE CENTRAL NERVOUS

SYSTEM• CAUSING UNCONTROLLABLE CONTRACTIONS OF

THE MUSCLE TISSUE

– AFFECTS BOTH THE SENSORY AND MOTOR NERVOUS SYSTEMS

– DO NOT RELY ON PAIN ALONE

STUN VS EMD

• CENTRAL NERVOUS SYSTEM

• COMMAND CENTER (BRAIN AND SPINAL

CORD) PROCESSES INFORMATION AND

MAKES DECISIONS

• SENSORY NERVOUS SYSTEM

• NERVES THAT CARRY INFORMATION

FROM THE BODY TO THE BRAIN. TOUCH,

TEMPERATURE, ETC.

• STUN SYSTEMS AFFECT THESE NERVES

• MOTOR NERVOUS SYSTEM

• NERVES THAT CARRY COMMANDS FROM

THE BRAIN TO THE MUSCLES TO

CONTROL MOVEMENT

• EMD SYSTEMS AFFECT BOTH THE

SENSORY AND MOTOR NERVES

21

27

LEGAL ISSUES

1. IS A TASER A DEADLY WEAPON

Q: IS IT DESIGNED FOR LETHAL USE ?

A: NO

LEGAL ISSUES

1. IS A TASER A DEADLY WEAPON

Q: IS IT LIKELY TO CAUSE DEATH OR SERIOUS PHYSICAL INJURY?

THAT

IS THE MILLION DOLLAR

QUESTION

TASER RELATED DEATHS• 68 REPORTED DEATHS WHERE

TASER HAS BEEN USED SINCE 1999 (AZ REPUBLIC ARTICLE 8/25/04)

– 5 CASES M.E. STATED TASER CAUSED OR CONTRIBUTED TO DEATH

– 2 CASES M.E. COULD NOT RULE OUT TASER

TASER RELATED DEATHS5 CAUSED OR CONTRIBUTED

1. Monroe County, Ind– Multiple Taser cycles– Cause of death

– ENLARGED HEART– PHARMACOLOGIC INTOXICATION– ELECTRICAL SHOCKS

– Jailer charged w/ 2 cts of felony battery while armed w/ a deadly weapon (faces 16 yrs)

TASER RELATED DEATHS5 CAUSED OR CONTRIBUTED

2. Las Vegas– 7 Taser cycles (some while handcuffed)– High on PCP– Multiple Taser cycles prevented ability to

breath and ultimately contributed to cardiac arrest

– Same subject had similar incident 2 weeks prior, no Taser used

TASER RELATED DEATHS5 CAUSED OR CONTRIBUTED

3. Orange County, Fla– 11 Taser cycles– Taser shocks and cocaine contributed– M.E. looking at positional asphyxia, “Taser

probably got him in that situation”– 2nd opinion- died primarily from cocaine

overdose

TASER RELATED DEATHS2 COULD NOT BE RULED OUT

1. Los Angeles– 5 Taser cycles– Meth and cocaine– Died while being restrained– M.E. - relationship between Taser and the

heart attack

TASER RELATED DEATHS2 COULD NOT BE RULED OUT

2. Hamilton, Ohio– 2 Taser cycles– Swallowed bag of cocaine 7 hours before

death– M.E. – the exact role of Taser in this

individual’s demise is unknown

TASER RELATED DEATHS

• TASER ESTIMATES 45,000 POLICE TASER APPLICATIONS (Phoenix PD currently has 1,500 Tasers on the street, approx. 1,132 applications since 6/01)

– 68 REPORTED DEATHS WHERE TASER HAS BEEN USED SINCE 1999• APPROX O.15%

– 7 CASES M.E. STATED TASER CAUSED OR CONTRIBUTED, OR COULD NOT RULE OUT TASER• APPROX 0.0155%

LEGAL ISSUES

1. IS A TASER A DEADLY WEAPON

Q: IS IT LIKELY TO CAUSE DEATH OR SERIOUS PHYSICAL INJURY

THAT

IS THE MILLION DOLLAR

QUESTION

A: THE MILLION DOLLAR ANSWER IS

NO

TASER RELATED DEATHISSUES

A. MULTIPLE TASER CYCLES

B. PRESENCE OF DRUGS

C. HEART CONDITION

D. PHYSICAL STRUGGLE

E. HOLSTER POSITION

TASER RELATED DEATHS

A. MULTIPLE TASER CYCLES– EACH CYCLE SIMILAR TO A

STRENUOUS WORKOUT, INCREASES BLOOD FLOW, ADRENALINE RUSH

– ASSESS EFFECTIVENESS OF EACH CYCLE • ADTL CYCLE OR DIFFERENT TACTIC

TASER RELATED DEATHS

A. MULTIPLE TASER CYCLES (Cont)

– CRITICAL TO ATTEMPT TO CONTROL SUBJECT DURING TASER CYCLE• TRAIN OFFICERS TO GO HANDS ON

DURING TASER CYCLE, UNLESS UNSAFE• ARMED SUBJECTS FREQUENTLY DO NOT

DROP THE WEAPON, UNSAFE TO APPROACH WHILE STILL ARMED

12

TASER RELATED DEATHS

B. PRESENCE OF DRUGS– SIGNIFICANT FACTOR IN VAST

MAJORITY OF CASES

– POLICY CONSIDERATION • LIMIT/PROHIBIT MULTIPLE CYCLES WHEN

REASONABLE GROUNDS TO BELIEVE DRUGS IN SYSTEM – SIMILAR TO LIMIT ON MULTIPLE USES

OF CAROTID CONTROL TECHNIQUE

TASER RELATED DEATHS

C. HEART CONDITION– FREQUENT FACTOR

– TASER CYCLE SIMILAR TO STRENUOUS WORKOUT

– NO WAY FOR OFFICERS TO KNOW

TASER RELATED DEATHS

D. PHYSICAL STRUGGLE– COMMON FACTOR IN MAJORITY OF

CASES• HOWEVER, WHAT BETTER TIME TO USE A

TASER

– POLICY AND TRAINING ISSUE• OFFICERS SHOULD BE AWARE OF

EXCITED DELIRIUM AND INTERACTION BETWEEN DRUGS AND PHYSICAL STRUGGLE REGARDLESS OF WHAT TYPE OF FORCE USED

TASER RELATED DEATHS

E. HOLSTER POSITION– WEARING ON STRONG SIDE MAY LEAD

TO ACCIDENTAL SHOOTINGS DUE TO MUSCLE MEMORY DURING SERIOUS ALTERCATIONS

– POLICY- REQUIRE WEARING TASER ON SUPPORT SIDE

LEGAL ISSUES2. IS A TASER A DANGEROUS WEAPON/

INSTRUMENTU.S v WALLACE 800 F.2D 1509 (9TH Cir, 1988) #51

– STUN GUN IS A DANGEROUS WEAPON AS A MATTER OF LAW FOR PURPOSES OF 42 USC 1472(L), (CONCEALED ON AIRPLANE)– REASONING VERY FACT SPECIFIC

– MAY CAUSE PERMANENT EYE INJURY– MAY INCAPACITATE 20-40 PEOPLE AT A TIME– INJURY TO FLIGHT CREW DEVASTATING– PROVOKES FEAR IN PASSENGERS

– COMPARE YOUR STATE LAW DEFINITION OF DANGEROUS WEAPON/ INSTRUMENT

LEGAL ISSUES

3. MAY AN OFFICER USE DEADLY FORCE WHEN CONFRONTED WITH A TASER

• NO CASES FOUND• LOOK TO REASONABLENESS UNDER

TOTALITY OF THE CIRCUMSTANCES• TASER TEMPORARILY INCAPACITATES• OFFICER MAY BE DISARMED• TASER MAY CAUSE INJURY

• FROM FALL• PROBE TO EYE

LEGAL ISSUES

4. FAILURE TO ISSUE TASERS

CARSWELL v BOROUGH OF HOMESTEAD

381 F.3d 235 (3rd Cir, 2004) #2– NO MUNICIPAL LIABILITY FOR FAILURE TO

EQUIP OFFICER WITH NON-LETHAL WEAPONS (also see)

PLAKAS v DRINSKI 19 F.3d 1143 (7th Cir, 1994) #32

LEGAL ISSUES

5. NEGLIGENT TRAINING

MATEYKO v FELIX 913 F.2d 744 (9th Cir 1989) #46– MUNICIPAL LIABILITY ONLY WHERE

FAILURE TO TRAIN AMOUNTS TO DELIBERATE INDIFFERENCE TO THE RIGHTS OF PERSONS WITH WHOM THE POLICE COME INTO CONTACT

– THE FOCUS MUST BE ON THE ADEQUACY OF TRAINING IN RELATION TO TASKS PARTICULAR OFFICERS MUST PERFORM

TRAINING AND POLICY

TASER TRAINING MUST BE REALISTIC– TRAINING FREQUENTLY TEACHES ONE

CYCLE AND SUBJECT SURRENDERS• Usually because used on officer who is not

driven to fight• Avg 2-2.5 Taser cycles to gain compliance from

combative subjects• Bad guys who want to fight usually still want to

fight after being tased

USE ON ANIMALS

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USE ON ANIMALS

DO BAD GUYS STILL WANT TO FIGHT, OR AM I FULL OF

BULL

TRAINING AND POLICY

TASER TRAINING MUST BE REALISTIC– TRAINING SHOULD BE FORCE ON FORCE

WITH INSTRUCTOR WHO CONTINUES TO FIGHT AFTER TASER CYCLES

– ADDRESS OFFICERS VULNERABILITY WHEN CONFRONTED WITH A TASER• TEMPORARY INCAPACITATION

– SHOULD OFFICERS BE REQUIRED TO BE TASED TO UNDERSTAND EFFECT?

• RED TASER IS LETHAL• TASER EFFECTIVE THROUGH BODY ARMOR

BODY ARMOR PENETRATION

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TRAINING AND POLICY

TASER TRAINING MUST BE REALISTIC– DEMONSTRATE REASONS TASER MAY

FAIL• Heavy clothing• Clothing falls away from body• Only one probe makes contact

– Drive stun still effective

TRAINING AND POLICY

MULTIPLE TASER CYCLES– ADDRESS WHETHER OR WHEN

APPORPRIATE • AVG 2-2.5 TASER CYCLES TO GAIN

COMPLIANCE• OFFICERS SHOULD INFORM OTHER OFFICERS

AND JAIL WHEN TASER HAS BEEN USED

– ASSESS EFFECTIVENESS OF EACH CYCLE • ADTL CYCLE OR DIFFERENT TACTIC

TRAINING AND POLICY• ADVISE OTHER OFFICERS ON THE

SCENE WHEN READY TO DEPLOY TASER

– IMPORTANT TO AVOID CONTAGIOUS FIRE

vs.

• SURPRISE THE SUSPECT– MORE EFFECTIVE

• DISTRACTION OR DIVERSION MAY BE AS EFFECTIVE AS SURPRISE

TRAINING AND POLICYLIMITS ON USE WHEN:

• SUBJECT IS PREGNANT- DANGER TO FETUS FROM FALL• ONLY WHEN ACTIVE AGGRESSION• ONLY TO AVOID DEADLY FORCE• DO NOT USE

• SUBJECT IS DRIVING• ONLY WITH COMPELLING REASON• DO NOT USE

• SUBJECT HOLDING FIREARM/ WEAPON• MAY RAISE WEAPON• CAN STILL SHOOT

• SUBJECT HANDCUFFED OR SECURED• EXCEPTION- AGGRAVATED AGGRESSION

TRAINING AND POLICY

DO NOT USE: • WHEN FLAMMABLES PRESENT (OC, DRUG

LABS,ETC)• WHEN FALL MAY REASONABLY CAUSE

SERIOUS INJURY OR DEATH (IN TREE, ON FENCE, ETC)

• PUNITIVELY OR TO IMPROPERLY COERCE – Exception? ok to coerce person who is threatening to

fight by arcing Taser

• TO AWAKEN UNCONCIOUS OR INTOXICATED PERSONS

TRAINING AND POLICY

• TASER USE IS APPROPRIATE AT TASER USE IS APPROPRIATE AT WHAT LEVEL OF RESISTANCEWHAT LEVEL OF RESISTANCE– VERBAL NON-COMPLIANCE?– DEFENSIVE RESISTANCE?– ACTIVE AGGRESSION?

• EARLY USE MAY PREVENT THE EARLY USE MAY PREVENT THE ESCALATION OF FORCEESCALATION OF FORCE

TRAINING AND POLICY• PROBES

– PENETRATES THE SKIN• REMOVE AND IMPOUND

– ALONG WITH SOME OF THE A.F.IDS (ID TAGS)– DISCARD WIRES

• PRIOR TO FIRES ARRIVAL– IF NOT, FIRE CONSIDERS IT A SURGICAL

PROCEDURE AND WILL TRANSPORT TO HOSPITAL FOR REMOVAL

– FACE, THROAT OR GROIN• DO NOT REMOVE

Probe Types

100 fps

to

76 fps

166 fps

to

98 fps

166 fps

to

98 fps

Speed

1.92

To

1.09

1.35

to

1.02

0.52”

1.32 cm4.1g

XP

2.0to

0.7

0.85

to

0.50

0.35”

0.89 cm1.6g

Regular

2.0to

0.7

0.85

to

0.50

.20”

0.50 cm1.6g

LS

Energy

Kg(m/s)2

Momentum

Kg*m/s

Needle

Length

Mass

(g)

Top figures @ muzzle

Bottom figures @ 13 feet.46

TASER

• MAXIMUM RANGE OF 21 FEET

• OPTIMUM EFFECTIVE DISTANCE IS 7 TO 15 FEET

• MINIMUM DISTANCE IS 3 FEET– ALLOWS FOR SUFFICIENT PROBE

SPREAD– USE AT CLOSER RANGE HAS THE

SAME EFFECT AS A DRIVE STUN

TASER TARGETS

• WHEN POSSIBLE FIRE AT THE SUSPECTS BACK– SURPRISE FACTOR – CLOTHING FITS TIGHTER– LARGER MUSCLE GROUP

• EVEN MORE OVERWHELMING

– NON-TARGET AREAS NOT EXPOSED

TASER TARGETS

• DRIVE STUN– MAY BE LESS EFFECTIVE– PAIN COMPLIANCE ONLY

• THE FACE, THROAT AND GROIN SHOULD NOT BE TARGETED– UNLESS IN A DEADLY FORCE

ENCOUNTER