TASER TASER Electronic Control Electronic Control

Devices (ECD / ECW)Devices (ECD / ECW)

Town Meeting Article 34 (Id 67)Town Meeting Article 34 (Id 67)May 2011May 2011

“Protecting Life”

Justification for TaserJustification for Taser No evidence that other law enforcement force No evidence that other law enforcement force

option is safer than a normal use of a Taser.option is safer than a normal use of a Taser. Tasers are more effective in facilitating Tasers are more effective in facilitating

capture, control and restraint than other force capture, control and restraint than other force optionsoptions

Tasers are generally safer Tasers are generally safer per se per se and are and are usually safer than other force optionsusually safer than other force options

Courts have held that ECW’s are not Courts have held that ECW’s are not excessive force excessive force per seper se

Tasers are saving lives, reducing injuries to Tasers are saving lives, reducing injuries to officers and suspects, and reducing excessive officers and suspects, and reducing excessive force claimsforce claims

2011 – Society’s View of 2011 – Society’s View of ForceForce

Police Officers should:Police Officers should: Use the least amount Use the least amount

of forceof force Use the least Use the least

injurious force optioninjurious force option Be patient and Be patient and

understandingunderstanding Be tolerant of people Be tolerant of people

acting outacting out

Know the difference Know the difference between a person between a person who: who: – Presents an intentional Presents an intentional

immediate threat of immediate threat of harm.harm.

– Is fleeing from serious Is fleeing from serious physical harmphysical harm

– Needs medical or Needs medical or mental health crisis mental health crisis assistanceassistance

2011 – Society’s View of 2011 – Society’s View of ForceForce

Officers are often judged on outcomes of Officers are often judged on outcomes of force used (death, serious injury)force used (death, serious injury)

Officers should not hurt a person whose Officers should not hurt a person whose intentions are not immediately threateningintentions are not immediately threatening

Non-violent people should not be injured- Non-violent people should not be injured- people who need to be controlled may be:people who need to be controlled may be:A. Acting as they are due to a medical crisisA. Acting as they are due to a medical crisisB. Acting due to serious psychological B. Acting due to serious psychological distressdistressC. Drug and alcohol abusersC. Drug and alcohol abusers

Common QuotesCommon Quotes The news has several ready made quotes The news has several ready made quotes

for Officers’ use of deadly forcefor Officers’ use of deadly force– ““Why couldn’t they shoot him / her in the leg”Why couldn’t they shoot him / her in the leg”– ““Why couldn’t they have sent a dog”Why couldn’t they have sent a dog”– ““Why didn’t they let me speak with him / her”Why didn’t they let me speak with him / her”– ““They didn’t even try to talk with him / her”They didn’t even try to talk with him / her”– ““Why couldn’t they have tased him / her”Why couldn’t they have tased him / her”

What is our objective for What is our objective for using force?using force?

Defensive ForceDefensive Force – Subject reasonably – Subject reasonably perceived by the officer as an immediate perceived by the officer as an immediate threat of harmthreat of harm

Capture ForceCapture Force – Subject fleeing from – Subject fleeing from serious (physical harm) crime & officer is serious (physical harm) crime & officer is justified in subduing subjectjustified in subduing subject

Restraint ForceRestraint Force – Force to facilitate – Force to facilitate restraint restraint

Compliance ForceCompliance Force – Force to gain – Force to gain compliance to commandscompliance to commands

ECW how it worksECW how it works It captures skeletal It captures skeletal

musclesmuscles The electrical The electrical

current “tends to current “tends to favor” the grain of favor” the grain of the muscle by 10:1 the muscle by 10:1 going against the going against the grain, so current grain, so current tends to stay on the tends to stay on the outsideoutside

4000 ECW uses per 4000 ECW uses per week in the US.week in the US.

ECW DeploymentECW Deployment Probe deploymentProbe deployment

– Taser ,generally, is Taser ,generally, is more than a non-more than a non-serious or trivial use serious or trivial use of force but less of force but less than deadly forcethan deadly force

– Taser is higher Taser is higher force than OC and force than OC and baton baton

Drive Stun Drive Stun Deployment (not Deployment (not recommended)recommended)– Less than the probe Less than the probe

deploymentdeployment– Amount of force Amount of force

more on par with more on par with pain compliance pain compliance techniquestechniques

ECW Force – Probe ECW Force – Probe DeploymentDeployment

Pain: excruciating, intense pain felt Pain: excruciating, intense pain felt throughout entire bodythroughout entire body

Probes penetrate up to ½” into bodyProbes penetrate up to ½” into body Causes Neuro Muscular Interference (NMI)Causes Neuro Muscular Interference (NMI) Taser “Commandeers” muscles and nervesTaser “Commandeers” muscles and nerves Causes temporary paralysis (seconds)Causes temporary paralysis (seconds) Causes uncontrolled fallCauses uncontrolled fall Immediate relief occurs after application endsImmediate relief occurs after application ends

Drive Stun DeploymentDrive Stun Deployment Drive Stun Deployment (Not Drive Stun Deployment (Not

Recommended)Recommended) Pain: only transitory, localizedPain: only transitory, localized No NMINo NMI Non-incapacitating effectNon-incapacitating effect Without incapacitating muscle Without incapacitating muscle

contractionscontractions

ECW Safety PointsECW Safety Points

ECW Safety PointsECW Safety Points 50,000 volts NEVER goes through the body- 50,000 volts NEVER goes through the body-

actually 600 voltsactually 600 volts The pulse has less peak current than a strong The pulse has less peak current than a strong

static shockstatic shock The skeletal muscles tend to shield the heart The skeletal muscles tend to shield the heart

from currentfrom current 99.75%99.75% of the time suspects have no significant of the time suspects have no significant

injury as a result of using the device (DOJ) injury as a result of using the device (DOJ) Source: Bozeman, W., et al. Safety and Injury Source: Bozeman, W., et al. Safety and Injury Profile of Conducted Energy Weapons Used by Profile of Conducted Energy Weapons Used by Law Enforcement Officers Against Criminal Law Enforcement Officers Against Criminal Suspects, Annals of Emerg. Med. 2009Suspects, Annals of Emerg. Med. 2009

ECW Safety PointsECW Safety Points The pulse is 50-200 times too The pulse is 50-200 times too

short to efficiently stimulate the short to efficiently stimulate the heartheart

It has less than HALF of the It has less than HALF of the current allowed by the current allowed by the electric electric fence standardsfence standards

It has less current than some It has less current than some pain blocking stimulatorspain blocking stimulators

DeptDept Officer Officer InjuriesInjuries

Suspect Suspect InjuriesInjuries

Lethal Lethal ForceForce

Force Force ComplaintsComplaints

Orlando, FLOrlando, FL 60%60% 50%50% ** **

Austin, TXAustin, TX 53%53% 80%80% ** 32%32%

Phoenix, AZPhoenix, AZ ** 67%67% 54%54% **

Columbus, OHColumbus, OH 23%23% 24%24% 14 14

“saves”“saves” 25%25%Charlotte-Charlotte-

Mecklenburg, Mecklenburg, NCNC

59%59% 79%79% 1919 “saves”“saves” **

Orange County Orange County FLFL 80%80% ** 78%78% **

ECW’s usually more ECW’s usually more effective than other force effective than other force

options:options: Every other force option (Baton, OC, Every other force option (Baton, OC,

Handgun) uses pain/discomfort Handgun) uses pain/discomfort compliance or traumatic injury to compliance or traumatic injury to facilitate capture, control or restraint.facilitate capture, control or restraint.

ECW’s are usually safer force options and ECW’s are usually safer force options and less injurious to suspects and officers.less injurious to suspects and officers.

ECW’s can reduce the use of deadly ECW’s can reduce the use of deadly forceforce

ECW Smart Use GuidelinesECW Smart Use Guidelines Policy must be approved by EOPSSPolicy must be approved by EOPSS Clearly delineated force standards Clearly delineated force standards

insure proper use and accountabilityinsure proper use and accountability Accomplishes the lawful objective of Accomplishes the lawful objective of

the minimum (least amount of) force the minimum (least amount of) force goalgoal

ECW’s have more ECW’s have more accountability features than accountability features than

other force optionsother force options Records every safety activation, trigger pull, arc, etc.Records every safety activation, trigger pull, arc, etc. Taser cam records video and audio Taser cam records video and audio Records pulse by pulse determination of electrical Records pulse by pulse determination of electrical

dischargesdischarges Data download and AFID evidenceData download and AFID evidence MASH Test to determine causes of in custody deaths MASH Test to determine causes of in custody deaths

where taser was deployedwhere taser was deployed– Reliable forensic tool to determine excited delirium as a Reliable forensic tool to determine excited delirium as a

cause of deathcause of death

Taser CamTaser Cam

Cost SavingsCost Savings Fewer officer-hours lost to injuryFewer officer-hours lost to injury Fewer investigations of injuries to Fewer investigations of injuries to

subjectssubjects Fewer excessive force claimsFewer excessive force claims Use has reduced excessive force Use has reduced excessive force

litigation by 54% litigation by 54% -Michigan Municipal Risk -Michigan Municipal Risk Management Authority Study 2004 – 432 Taser Management Authority Study 2004 – 432 Taser deployments, 40 + agencies, 1 injury requiring deployments, 40 + agencies, 1 injury requiring hospitalization hospitalization ZERO ZERO claims of excessive forceclaims of excessive force

Taser in ActionTaser in Action

Supporters of ECW'sSupporters of ECW's U.S. Department of Justice – Office of U.S. Department of Justice – Office of

Community Oriented Policing Services Community Oriented Policing Services Director Bernard K. Melekian Director Bernard K. Melekian

Police Executive Research Forum, Police Executive Research Forum, Executive Director Chuck WexlerExecutive Director Chuck Wexler

Dr. Alex Eastman, M.D. Trauma Surgeon Dr. Alex Eastman, M.D. Trauma Surgeon and reserve officer with Dallas PDand reserve officer with Dallas PD

ACLU Atty. Scott Greenwood, National ACLU Atty. Scott Greenwood, National Expert on Police Use of Force cases and Expert on Police Use of Force cases and authority on Taser related legal issues.authority on Taser related legal issues.

Interview of Atty. Scott Interview of Atty. Scott GreenwoodGreenwood

on May 5, 2011on May 5, 2011 Atty. Greenwood has the most legal Atty. Greenwood has the most legal

experience in the use of these experience in the use of these weapons in the ACLUweapons in the ACLU

The only Constitutional Lawyer present The only Constitutional Lawyer present at creation of 2011 ECW guidelines at creation of 2011 ECW guidelines (PERF, DOJ)(PERF, DOJ)

Studied policies and implementation in Studied policies and implementation in almost all jurisdictions in the countryalmost all jurisdictions in the country

ACLU Atty. Greenwoods ACLU Atty. Greenwoods Opinions Opinions

ECW’s are less ECW’s are less injurious than less injurious than less lethal and O.C.lethal and O.C.

Every Department Every Department that has them has that has them has seen a decrease in seen a decrease in injuries to officers injuries to officers and subjectsand subjects

They decrease and They decrease and eliminate eliminate confrontations that confrontations that can escalate to can escalate to deadly force.deadly force.

ACLU – Atty. GreenwoodACLU – Atty. Greenwood ““I am convinced they present the I am convinced they present the

IDEAL compromise when having to IDEAL compromise when having to resort force.”resort force.”

ECW’s offer the lowest risk vs. ECW’s offer the lowest risk vs. highest reward.highest reward.

““In the future, suits may come from In the future, suits may come from departments not using Tasers when departments not using Tasers when they would have been appropriate.”they would have been appropriate.”

ACLU – Atty. Scott ACLU – Atty. Scott GreenwoodGreenwood

Addressed the concerns of injuries and Addressed the concerns of injuries and death as a result of ECW’s;death as a result of ECW’s;– In his research 30-40 deaths that are attributed In his research 30-40 deaths that are attributed

to ECW’s, The medical Examiners did not rule to ECW’s, The medical Examiners did not rule out other contributing factors in causes of death.out other contributing factors in causes of death.

– Atty. Greenwood stated, “Statistically, this Atty. Greenwood stated, “Statistically, this number is insignificant, The facts are number is insignificant, The facts are overwhelmingly in favor to get them. Every overwhelmingly in favor to get them. Every department that has them has seen, without department that has them has seen, without exception, a decrease in injuries to officers and exception, a decrease in injuries to officers and subjects. subjects.

Final WordsFinal Words– ““There is Zero justification to There is Zero justification to

be against these weapons.” be against these weapons.” (May,5 (May,5 2011)2011)

Attorney Scott GreenwoodAttorney Scott GreenwoodGeneral Counsel to American Civil Liberties General Counsel to American Civil Liberties

UnionUnionWork:Work: (513) 943-4200 (513) 943-4200Email:Email:

Law@ScottGreenwood.comLaw@ScottGreenwood.com

I’m a Believer!I’m a Believer!May 7, 2011May 7, 2011