Judgement Call?
All Police Departments should have written policies and procedures directing their officers on the proper use of all levels of force. This is part of one example'
7.
ECDs may be used:
a. ECDs should only be used against persons who are actively resisting or exhibiting active aggression, or to prevent individuals from harming themselves or others: 1) ECDs may be used when force is legally justified to prevent the reasonably foreseeable
threat or actual attempted assault, battery, and/or injury to officers, other person, and/or the subject; or
2) In cases where officer / subject factors reasonably indicate that the officers, offender, and/or other person(s) likely be endangered by the use of passive and/or active force by the subject; and
3) It is understood that deployments against humans may be very dynamic in nature and the probes may impact unintended areas.
to display the ECD’s "test arc" or "painting the subject with the ECD’s laser” in attempting to gain compliance of the subject where resistance, assault, and/or violence is reasonably anticipated.
during Department authorized training programs and/or demonstrations.
A short simplified reason for taser use is:
To reduce and minimize altercation-related injuries to officers and suspects, the
Department authorizes the use of selected less-lethal control devices. Such devices
are provided in order to control non-compliant, potentially violent, and actively resistive
suspects in order to prevent an escalation of the situation. The use of these devices will
result in fewer altercation-related injuries to officers and suspects.
The taser has likely saved more lives and serious injuries to both subjects, and officers attempting to make an arrest than injuries and deaths resulting from
the proper use of the taser.
The following is a simplified example of the various levels of force available to police officers.
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The Force Continuum
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Deadly Force
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Less Lethal (rubber bullets)
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Pepper Spray, Baton, Taser
Empty Hand Control Verbal Commands
Officer Presence
Although you can make a case for the taser's use in this situation, and is probably reasonable under the PD policy and procedures, I think its highly unlikely that it will be used again under similar circumstances.