Iacp Taser Study Oc Pgso Lp Pwr Pt (As Of 7 23 04)
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Iacp Taser Study Oc Pgso Lp Pwr Pt (As Of 7 23 04)

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    Iacp Taser Study Oc Pgso Lp Pwr Pt (As Of 7 23 04) Iacp Taser Study Oc Pgso Lp Pwr Pt (As Of 7 23 04) Presentation Transcript

    • 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
      • IS A TASER A DEADLY WEAPON
      • IS A TASER A DANGEROUS WEAPON/ INSTRUMENT
      • MAY AN OFFICER USE DEADLY FORCE WHEN CONFRONTED WITH A TASER
      • FAILURE TO ISSUE TASERS
      • NEGLIGENT TRAINING
    • LEGAL ISSUES
      • 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
      • IS A TASER A DEADLY WEAPON
        • Q: IS IT DESIGNED FOR LETHAL USE ?
        • A: NO
    • LEGAL ISSUES
      • 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
        • 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 0.0155%
    • LEGAL ISSUES
      • 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
    • 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 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 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 (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 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 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 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 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 RESISTANCE
        • VERBAL NON-COMPLIANCE?
        • DEFENSIVE RESISTANCE?
        • ACTIVE AGGRESSION?
      • EARLY 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
    • 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