It was settled in both the 9th and 10th Circuits long ago, and maybe more, but I can't remember if any other Circuits were cited in the decision, but the decisions in both the 9th and 10th are relevant to me and stick in my mind as I've worked in both, and taught use of force in both.
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"Whom shall I send, and who will go for us?" Then I said, "Here I am. Send me." - Isaiah 6:8
A "drive stun" is when the cartridge is removed from the Taser and it's used like a stun gun. Basically push or drive the Taser into the offender and stun them, hence "drive stun". It hurts, but because the contact are 3/4" apart they don't produce any nuero-muscular incapacitation. There's general a violent reaction to being drive stunned. It's appropriate in places where the use of the Taser is justified, it would not be appropriate to the leave cartridge on the Taser and attempt a deployment that could produce NMI, and other alternatives are not available.
IMO a good place for drive stuns is when a hand cuffed prisoner has grabbed onto a wheel well or door frame, or hooked a foot under a car to resist being placed in a police vehicle and transported. It's generally a bad idea to flood a police car with OC spray. Baton strikes aren't practical. Going hands can become very dangerous in these situations. Using a Taser with a cartridge wouldn't be appropriate since the probes would have to be removed and that's really not safe to do with a combative prisoner in the back of a police vehicle. Using a drive stun on the offending limb could be an option. If there are at least 2 officers, one officer can pull the suspect into the car while the other drive stuns the offending limb to try to get it free.
One of the big things that is often overlooked in the Rodney King incident is that in the mid 80's LAPD banned the use of the LVNR and never provided officers with anything that was nearly as effective for restraining and controlling combative subjects. Officers were basically left with the options of beat the bad guy into compliance or shoot him, and it was a ticking time bomb. LAPD brass got a pretty big pass on their bad decision making due to the lack of technology at the time. There are a lot of parallels today between highly restricted Taser use, taking away useful tools from officers, and what happened in the Rodney King incident. Use of force and taking control of a combative prisoner is rarely pretty, but letting a situation devolve into the unknown for appearance sake rarely works out long term.
LAPD lost neck restraints because of in custody excited delirium deaths. Back then no one knew what we know now.
Drive stuns with the Taser almost never work, except in very specific and limited circumstances as noted above. Getting a handcuffed bad guy into the car when they plank up is one such scenario, they tend to sit down rather than take a drive stun to the pelvis. In the case in question the drive stun likely gave the dude an adrenaline dump and made things worse.
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Yet despite what we know today many departments routinely fail to train their officers to handle these situations, and fail to create and enforce appropriate call response policy. Or have supervisors that have a clue about when they can make a warrantless arrest.
We've been teaching mental health crisis/excited delirium intervention BS since 2002 and I thought we were behind the curve at the time. It's amazes me at how many departments still take the let's cross our fingers and hope bad things happen to someone else approach when it comes to this.
Last edited by pablo; 01-20-2016 at 12:42 PM.