Tried to search, can't find it.
What are the ramifications when a person dies after application of a non-lethal means (for example, anaphylaxis after a tear gas or cardiac arrest after being tased)? I presume that the circumstances of event will be scrutinized, but otherwise if use of non-lethal was kosher then no fall out or consequences to LEOs?
Doesn't read posts longer than two paragraphs.
Here's a taser article that was referenced in Greg E. latest
https://www.rt.com/usa/431080-police...hocking-cases/
http://www.activeresponsetraining.ne...mp-july-6-2018
Reasonable force is reasonable force. You aren't expected to have a crystal ball, so legally you are only held accountable to what you knew (or reasonably should have known) when you applied the force. What happens afterward is beyond your control.
You will go through an IA investigation and a homicide investigation. You will almost certainly be sued. You may get crucified in the media, and if it's politically expedient you may get thrown to the wolves by your brass.
I've had this occur, and the media didn't show much interest and the brass didn't react much one way or the other. I did get sued, but the city made a very small settlement and the sheriff's dept ate most of the liability for the death. IA and Homicide found no wrong doing on my part. It still sucked a whole lot.
Sorta around sometimes for some of your shitty mod needs.
BehindBluel has pretty much covered it. In this day and age, I would not count on avoiding prosecution if politicians are so inclined, especially with Taser deployments. In his blog, Greg suggests that the Taser be a weapon of last resort. I don't know if I'd go quite that far, but I'm pretty close.
Despite breathless articles like the one referenced, the biggest danger suspects face from the Taser isn't that we'll overuse it. The risk to bad guys is that more and more of us will throw the frigging thing in the trunk and resort to more...traditional...techniques.
There is a reason that less lethal terminology has kinda replaced non-lethal. Many of the tools available to LE do have a non 0 chance to kill.
^^^ What he said.Originally Posted by BehindBlueI's
Given the rulings on the Taser by the Circuit Court I fall under, the window for Taser use is fairly narrow. Batons or the use of O/C makes a tremendous amount of sense if the distance involved allows.
Likewise on Taser deployments here in the southern mid-Atlantic states, Angus.
Sadly, I'm old enough that I participated in my department's transition from the straight baton to the PR-24. While we can debate the advantages of the straight baton versus the PR-24, the primary argument for expandable batons was "convenience". I frankly think widespread adoption of a convenient baton over an effective one has led to injuries and deaths among both good guys and bad guys. One wonders the outcome in Ferguson if Darren Wilson had a cocobolo baton in hand or ring when his assailant decided to return for round #2.
http://www.llrmi.com/articles/legal_...od_v_jones.pdf
Court decision that walks through some of the considerations for liability when "less lethal" force is used and the subject ultimately dies.
Sorta around sometimes for some of your shitty mod needs.
The answer to your question is YES. Any use of force is justified or not, in policy or out of policy but other factors will induce more scrutiny.
You respond to a fight in progress in the street, suspect beating someone turns to you and takes a fight stance, balls up his fist. You tell him to stop and he doesn't. He says, "I'm going to kick your ass" and advances on you. You deploy the taser and;
1. Perp falls down on the grass and your partner handcuffs him. Result, UOF report signed off by sergeant. End of story.
2. Perp falls on sidewalk and breaks his jaw. UOF report, signed off by sergeant but now the PD pays for medical bills and OT to guard prisoner at the hospital so Command Staff also looks into it and hopefully agrees with the patrol supervisor.
3. Perp falls and has a heart attack induced by cocaine use and taser, he dies. UOF report signed off by sergeant but now you have a death investigation which involves PD detectives, Det. Lieutenant and in my State the District Attorney's Office. Hopefully the perpetrator is a shitbag that no one likes and it goes no further but he may he or his family may be empowered by other factors such as he's the local deacon, his uncle is an alderman, protected class... Now you're screwed and allot depends on the backbone of the Chief/Sheriff and District Attorney.
As you can see the facts of the incident never changed but the outcome of the force used and or external factors can turn the LEO into a felon.
Last edited by Sammy1; 07-11-2018 at 09:50 AM.
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