San Francisco Police Consider New Taser Policy

The San Francisco Police Department may decide to follow the recent trend in other cities and arm its officers with Taser stun guns, according to the San Francisco Chronicle. Currently, San Francisco, Detroit, and Memphis are the last remaining large cities in the United States where the police departments do not use Tasers. San Francisco Police Chief George Gascon has been pushing for Tasers, arguing that cops who carry them are less likely to have to resort to using guns. According to some studies, using Tasers may reduce police-involved shootings and save lives.

Tasers still face significant criticism in the city of San Francisco, a place known for liberal-mindedness. At a meeting of the San Francisco Police Commission, representatives of the American Civil Liberties Union voiced their concerns that Tasers are not actually non-lethal weapons. The ACLU says that more research needs to be conducted to determine exactly what role Tasers played in 400 in-custody deaths that have occurred since 2001. At the present time, all that is known is that all of those 400 deaths were associated with the use of Tasers.

A policy on Taser use by San Francisco police officers would take 90 days to develop; deployment could take at least a year.

Taser stun guns work by shooting 50,000 watts of voltage into the body, disrupting muscle control. Typically, people who are shot with a Taser fall to the ground. It is not uncommon for someone who has been tasered to incur head injuries, bruises on the face, or broken noses or teeth. Additionally, in some cases, fatalities have occurred.

Ninth Circuit Ruling Restricts Use of Taser By Police

The Ninth Circuit Court of Appeals ruled last week that a California police officer may be held liable for injuries caused to an unarmed motorist who was tasered during a traffic stop. The decision is forcing police agencies throughout California to examine their policies regarding the use of tasers. The court’s opinion defines when the use of a taser is appropriate and limits the use of the taser to situations where the person presents an obvious danger.

The ruling stems from a 2005 incident in which a former Coronado, California police officer stopped a motorist for failing to wear a seatbelt while driving. The driver, Carl Bryan, testified he did not hear the officer order him to remain in the vehicle. He exited and vehicle and stood about 20 feet from the officer. Bryan became visibly agitated and upset with himself, but did not make any verbal threats. The officer claimed he tasered Bryan when Bryan took a step toward the officer-a claim that Bryan has denied. Bryan’s face hit the pavement, resulting in bruises and four shattered front teeth.

The justices did not rule on whether the police officer acted appropriately, but it paves the way for Bryan to pursue a civil lawsuit against the officer and the City of Coronado.

Under the new ruling, tasering a fleeing suspect or a suspect who refuses to comply with an order to lie down during an arrest appears to be prohibited, since the suspect would not pose an obvious danger in these scenarios.

The ruling sets forth clear legal guidelines for when an officer may use a taser, and defines scenarios where the use of a taser would be prohibited. The justices further stated that the use of a taser poses a much more serious use of force than pepper spray-this opinion runs directly contrary to the policies of many law enforcement agencies in California and throughout the nation. Several law enforcement agencies throughout California have announced plans to review their policies regarding the use of tasers in view of this recent appellate court ruling.

New York Woman Awarded $75,000 Settlement in Taser Case

On Tuesday, The Post-Standard reported that Onondaga County legislators unanimously approved a $75,000 settlement for a woman who was unjustifiably tasered by a police officer in front of her children last January. According to the article, 38-year-old Audra Harmon was driving with her two children when she was pulled over by a police officer for driving 50mph in a 45mph zone. The police officer, Sean Andrews, drew his Taser when Ms. Harmon got out of her minivan and then did not immediately get back in at the officer’s request. Subsequently, when Ms. Harmon got back into her minivan, Officer Andrews dragged her back out of the minivan and shocked her with the Taser. A video of the incident was taken from the patrol car and can be viewed here. Ms. Harmon’s children witnessed the entire frightening event.

In response to the incident, Officer Andrews was suspended for 30 days without pay, and additional administrative charges are pending. Ms. Harmon appeared on NBC’s “Today” show to talk about what happened to her, and the incident was also featured in a segment about stun guns on Comedy Central’s “The Colbert Report.” Finally, this week, the county approved a $75,000 payment to settle a lawsuit filed by Ms. Harmon.