Taser ruling sets standards for police, claims

San Francisco Chronicle ^ | 12/8/9 | Bob Egelko, Chronicle Staff Writer

[SmithL]

Police need reasons to believe a suspect is dangerous before firing a Taser and can't use their stun gun simply because the person is disobeying orders or acting erratically, a federal appeals court in San Francisco ruled Monday.

The decision by the Ninth U.S. Circuit Court of Appeals sets judicial standards for police and for people who claim they were victims of excessive force after police hit them with a Taser dart.

"The objective facts must indicate that the suspect poses an immediate threat to the officer or a member of the public," Judge Kim Wardlaw said in the 3-0 ruling.

Though stun guns may offer a valuable, nonlethal alternative to deadly force in defusing dangerous situations, Wardlaw said, they inflict a "painful and frightening blow" and must be used only when substantial force is necessary and other options are unavailable.

"It's a significant use of force, not like cuffing someone or using pain compliance or pepper spray," said Eugene Iredale, a lawyer for a San Diego-area man who was Tasered by a police officer who had stopped him for not wearing a seat belt. "It's not to be used promiscuously or lightly."

The ruling allows Iredale's client Carl Bryan to go to trial in his damage suit against Brian McPherson, a policeman in Bryan's hometown of Coronado. McPherson's lawyers were unavailable for comment.

[SmithL]

Wardlaw, Kim McLane

Born 1954 in San Francisco, CA

Federal Judicial Service:
Judge, U. S. District Court, Central District of California
Nominated by William J. Clinton on August 10, 1995, to a seat vacated by David V. Kenyon; Confirmed by the Senate on December 22, 1995, and received commission on December 26, 1995. Service terminated on August 3, 1998, due to appointment to another judicial position.

Judge, U. S. Court of Appeals for the Ninth Circuit
Nominated by William J. Clinton on January 27, 1998, to a seat vacated by J. Clifford Wallace; Confirmed by the Senate on July 31, 1998, and received commission on August 3, 1998.

Education:
University of California, Los Angeles, A.B., 1976

University of California, Los Angeles, School of Law, J.D., 1979

Professional Career:
Law clerk, Hon. William P. Gray, U.S. District Court, Central District of California, 1979-1980
Private practice, Los Angeles, California, 1980-1995
Member, Justice Team I, Department of Justice, Presidential Transition, 1992-1993
Member, Mayoral Transition Committee, Los Angeles Mayor-elect Richard Riordan, 1993


Race or Ethnicity: Hispanic

Gender: Female

[dila813]

This is stupid, so now they have to come into contact with the suspect again.

Will all police departments switch to beanbag rounds now.

[DakotaRed]

They’ll find a reason they’re too abusive too.

http://www.oregonlive.com/portland/index.ssf/2009/11/experts_say_tactical_choice_of.html

The “12 year-old” in question was about 5 foot 7 and more than 150 pounds.

[Don W]

Yeah, the cops should be able to taser anyone they wish anytime they wish, just like what happened HERE.

Caution, VERY disturbing, from 1:33 on. The man dies on the scene.

In a more civilized time, one of the cops would have walked up to the guy offering a smoke, they'd sit down and everyone would have walked away safe and sound. Instead, some Mounties got to try out their new toy. They even LIED about the incident before and during the inquest into the incident, in the face of the video evidence they first confiscated and would not return until sued, then tried to suppress!

It's almost to the point where the police are earning the same level of esteem as lawyers: 1% have their reputations smeared by the other 99%

For our FReeper police members, this is hyperbole, just in case you missed that, or are that sensitive to such statements. The sting, however, shows there is more than a grain of truth to my hyperbole...

[familyop]

Here’s some interesting and related news.

Cop Went Wild With Taser, Diabetic Says
http://www.freerepublic.com/focus/f-news/2416480/posts

[Sarajevo]

Police need reasons to believe a suspect is dangerous

I'm sure there are those who will find an excuse, any excuse. After all, they ARE the Po-lice.........

[familyop]

http://www.oregonlive.com/portland/index.ssf/2009/11/experts_say_tactical_choice_of.html

The “12 year-old” in question was about 5 foot 7 and more than 150 pounds."

The 12-year-old girl must have really been something else. Current and former bouncers in some of the rougher country music dance hall nightclubs are going to laugh themselves silly while reading that. Thanks for the laugh.

[familyop]

...goofed on quoting your comment. Here's the correction.

"http://www.oregonlive.com/portland/index.ssf/2009/11/experts_say_tactical_choice_of.html

The '12 year-old' in question was about 5 foot 7 and more than 150 pounds."

The 12-year-old girl must have really been something else. Current and former bouncers in some of the rougher country music dance hall nightclubs are going to laugh themselves silly while reading that. Thanks for the laugh.

[microgood]

Police should not be using the taser for punishment. They could have cuffed the guy if he was not cooperating but this sounds like street justice to me.

[TheErnFormerlyKnownAsBig]

Give me the taser over OC spray 10 times out of 10....the OC bothered me for a month.

Taser was over as soon as the juice stopped flowing.

[TheErnFormerlyKnownAsBig]

A Taser is also so impersonal. If it’s worth doing it’s worth handcrafting.

[RazzPutin]

Taser equals torture.

We don’t torture anymore.

[microgood]

If it’s worth doing it’s worth handcrafting.

But they have those pesky cameras.

[dila813]

It is possible to use excessive force with any weapon, but the standard shouldn’t be set this high.

It is absurd, we have policemen dieing everyday without having to worry about having to tackle someone. You don’t make such an absurd ruling on a single instance no matter how heinous you may think the video is.

With a taser, 1-3 officers can take someone down and into custody. With this standard we will have to wait till 6 officers are on the scene before we initiate contact.

With budgets strained, there are no additional officers to hire. This means this rule will kill more people than it saves because of the officers tied up with one person who can’t follow instructions.

What about the innocent victims that want want to live?

[randomhero97]

The problem with your post is that the Supreme Court has ruled that "law" enforcement has no duty to serve and protect.

I would rather citizens be allowed to police themselves. The statists would have to go before that takes place, though.

[dila813]

I would agree with you, but if you live in a gun free zone, what’ya gonna do?

[Vendome]

Good for a start. These things are less lethal but can be deadly never the less.

There should be a very high standard to use a device that alters the electrical current of a human being.

[Vendome]

To true.

[billmor]

Crazy man...Yes, that Court ruling does set the bar way too high and the ruling should be appealed so the law enforcement person has more leeway in taking action to protect him- or herself, and the public, from harm...