IACP Legal Officers Section Los 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 AVAILABLE STINGER 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

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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 DEATHS 5 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 DEATHS 5 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 DEATHS 5 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” –2 nd opinion- died primarily from cocaine overdose

TASER RELATED DEATHS 2 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 DEATHS 2 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 %

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 DEATH ISSUES 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

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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 ISSUES 2.IS A TASER A DANGEROUS WEAPON/ INSTRUMENT U.S v WALLACE 800 F.2D 1509 (9 TH 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 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 (7 th 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 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 88 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 39

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 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 POLICY LIMITS 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 WHAT LEVEL OF RESISTANCETASER USE IS APPROPRIATE AT WHAT LEVEL OF RESISTANCE –VERBAL NON-COMPLIANCE? –DEFENSIVE RESISTANCE? –ACTIVE AGGRESSION? EARLY USE MAY PREVENT THE ESCALATION OF FORCEEARLY USE MAY PREVENT THE ESCALATION 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

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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