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Is the Taser a tool of law enforcement too easily used to abuse police power?

By Steve Lombardi

Last week I wrote about an Australian law enforcement situation involving a tasering, that resulted in an explosion and a man catching fire. One of the commenters got abusive with the writer because he's a lawyer. The commenter obviusly was trying to distract from the point being made about police powers and abuse of police power. Apparently this commenter doesn't like us pointing out bad news involving Taser incidents. He probably owns the stock. So this week I'm dedicating the entire week to just that.

Tasered Man Bursts Into Flames in Sydney; Cops Yell, Hooray for Our Side!

Taser International manufacturers and sells a device that sends thousands of volts of electricity via sharp probes and delivers it to humans by way of wires. Once delivered the electrical shock renders the person almost lifeless and completely helpless. Their nerves don't' work and they simply fall to the ground. The Taser, has been wildly accepted and is used in law enforcement activity. With all the crime in society citizens have been quick to join in supporting the use of Tasers.

Unlike guns Tasers don't leave a bloody mess to clean up nor does their use normally require medical expenses like the use of bullets and batons. For the most part arrestees don't bleed or die, but there are times, like the original story, they do or will. But it's not the death rate that concerns me the most. As a lawyer I'm concerned whenever I see a tool of law enforcement having the capability of being easily misused. As lawyers we hear from the alleged criminals about how they are treated. For the most part we simply listen, there is nothing to do. But after repeated hearing similar stories we become concerned. And that's what this blog is about; the abuse of police power using the Taser.

First let me say that 99% of the police officers are professionals who take their jobs seriously and don't abuse the power they are given. But the 1% who abuses their power infects the system of justice in a way that honest lawyers, judges, police chiefs, legislators and citizens can not ignore. These posts are not about the 99%; only the 1%.

The report today is an officer being faced with non-aggressive physical resistance and handling it by pulling and pointing his department issued Taser for a traffic stop. The speeder simply didn't want to sign the ticket; so what? The officer pulls out his Taser announcing he isn't going to stand in the rain all day waiting. Is that right? No way is it right; it's as much an abuse of power as is actually pulling the trigger. It places a citizen in fear of bodily harm because the officer is getting wet.

Now here is how the police department compounds the problem. They find the officer didn't violate department policy because the policy addresses when an officer can fire the Taser, not when he can pull and point it at a citizen. What the police departments have to ask themselves is whether it's acceptable to use fear just for the sake of fear. When government, especially law enforcement uses fear to control citizens we aren't far from acting like the Third Reich. Fear should not be acceptable governmental policy. The department should have at the very least reprimanded the officer for losing his temper and using a tool of law enforcement in a manner inconsistent with professional law enforcement. If for no other reason the use of a Taser to stay dry makes the officer and the department look petty, unprofessional and frivolous. And that's the point of the title I chose that includes the reference, Hooray for Our Side! Technicalities aside what this officer admits to doing along with the department's lack of action, polarizes the situation into us versus them. It was and is bad policy for law enforcement.

Tomorrow let's talk about Taser abuse with a 14-year-old girl who wouldn't stand still.

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on July 27, 2009 (boomark / email).