When Are Police Allowed to Use Tasers?

Questions regarding the use of force by law enforcement officers are in the news almost daily. What is the appropriate level of force that does not violate a person’s civil rights? For many years police departments have issued tasers to their officers to use as an alternative method to subdue people who are a disturbance to public safety. But are Tasers the right tool for the job?

Tasers are a Good Alternative for Law Enforcement

A taser is a handheld instrument that sends out metal wires with prongs carrying an electrical current that stuns the person who is hit. Law enforcement agencies have their own taser policies and use of force policies to allow for both the self-defense of the officer and the protection of the individual from physical harm while stopping any immediate threats. The advantage of using a Taser over other weapons is that it contains a lesser amount of deadly force than a firearm.

Despite the protocols and departmental policies regarding Tasers, there have been incidents of people suffering physical injuries from the prongs and, in some cases, cardiac arrest from the electrical shock after being Tased. These situations have led to lawsuits filed by civil rights attorneys against municipalities and their police departments.

So it begs the question if the use of a taser can cause bodily harm why does law enforcement issue them to its police officers?

The answer is that in a regular situation, the use of a Taser typically allows police to stop unrest with a minimal amount of force and without serious injury. This lesser use of force by the police makes the situation safer for everyone involved in the criminal justice process. In fact, lower voltage taser guns have even been developed to help with concerns regarding the level of electricity being emitted.

Are Tasers Effective to Prevent Police Use of Force

The driving force behind the use of the Taser by law enforcement is to allow police officers to do their job with a lesser chance of bodily injury to citizens. But have tasers proven to be an effective method of suppression of criminal activity with a lesser force option?

The results have been mixed. Although in many cases tasers have worked as expected and deescalated difficult situations in other cases they didn’t work as advertised and emitted a larger than expected or lesser than expected stun to the citizen at issue. This instability leaves officers in difficult circumstances where they have to make a decision likely not addressed by their department policy to use alternative means to quell the situation. Sometimes this leads to officers using deadly force which is not what is best for anyone.

If you are a member of law enforcement looking for guidance or the victim of a malfunctioning Taser, you should speak to a local attorney about your rights.

Related Resources:

• How to File a Police Taser Lawsuit (FindLaw’s Law and Daily Life)
• Ninth Circuit: Tasering Pregnant Woman is Excessive Force (FindLaw's Federal Courts)
• Is It Legal to Use a Taser for Personal Protection? (FindLaw’s Law and Daily Life)