Search results for: “label/tasers”

  • Problems with Tasers

    I had no idea TASER was an acronym standing for anything, much less “Thomas A. Swift’s electric rifle“!

    The LA Times reports:

    LAPD officers fired Tasers just over 1,100 times last year…. The devices had the desired outcome — causing someone to submit to arrest — only 53% of the time.

    Is half the time better than nothing or not nearly good enough? Anecdotally, it seems like a lot of bad police shootings are preceded by Tasers not doing what they’re supposed to do. You press the magic button… and nothing happens. And you’re not used to having to go hands-on, fighting, and physically dominating a suspect. So you’re scared and reach for your gun.

    And that’s not the only problem with Tasers.

  • Taser Use

    Great story in the Baltimore Sun about taser use:

    • Nearly 60 percent of those hit by Tasers in Maryland were described by police as “non-compliant and non-threatening,” according to data from 2012 when the state began collecting data through 2014.

    • In one out of every 10 incidents, police discharged the weapon for longer than 15 seconds — a duration that exceeds recommendations from Taser International, the U.S. Department of Justice and policing experts. The data downloaded directly from the devices often shows more activations than officers document in police reports.

    • Officers fired the weapons at the chest in 119 incidents in 2014 — even though Taser has warned since 2009 that doing so could cause cardiac arrest.

    And why?

    From 02:20 of the video in the story:

    The Taser is a great tool because if you go out on a call or something… and he’s fighting… before, if you hit him was a asp [baton] he’s going to get a lot of contusion marks and maybe break some bones. A Taser is not going to do that.

    See contusions look bad. But Tasers sometimes kill. To me the issue has always been whether the Taser is used for a threat (OK) or compliance (bad).

  • “You’re doin’ fine, Oklahoma!” Not.

    A 73-year old man, Robert C. Bates, liked to play cops and robbers. He thought he was going to get to Tase a bad guy. But instead of holding his Taser, Bob was holding his personal gun. Bang. You’re dead. Oops.

    Bates wasn’t a real cop. He was a “reserve deputy sheriff,” which isn’t necessarily a bad concept, within reason. But this isn’t reasonable. Bates paid to play. He gave money to the Tulsa County sheriff’s election campaign. Maybe he could have been a deputy sheriff without donating money. But he gave cars to the undercover unit to which he had access. And now, irony of ironies, Bates might be convicted based on the evidence provided by the very eye-glass cameras he perhaps gave to the department!

    Bates didn’t even have good reason to even Tase Eric Harris. Cops were on scene. Harris wasn’t getting the upper hand. He wasn’t going anywhere. Despite what Bates later said, I do not think Bates thought Harris was armed. I say this because Harris was flying. Booking. Like a man who does not have a gun in his waistband. His arms were pumping, not going to his dip. Not in what I saw. And this is very much contrary to what supposedly “independent consultant” Sgt. Jim Clark claimed while defending Bates after being paid to investigate the shooting.

    [And Kudos to the cop who tackled Bates. Good job. He was a fast runner and knew exactly where to tell the driver to stop the car, though the driver was a bit slow in doing so.]

    “This horrible situation is going to be about what a corrupt sheriff’s office does after a bad shooting,” said Daniel Smolen, said a lawyer for the SOB who was shot.

    I think Smolen may be right…. wait. Did I just speak bad of the dead? Yeah. And I say this without at all saying the shooting was justified. And I’m certainly not defending an elected sheriff who allowed the guy to be on the scene with a gun. But what a bastard Harris was: Violence. Drugs. Guns. Robbery. Assault on cops. Escape from prison(?!). The whole nine yards. A real life of crime.

    I mention this in relation to my Washington Post article in which I describe how cops were so bothered about the shooting of Walter Scott. That one was different. This was a tragedy. A fuck up. And blame can and should be placed. But if you want cops to shed a tear over the death of Eric Harris, you’re going to be waiting a long time. Harris was a harbinger of violence and doom.

    [Having watched the whole unedited video in the CNN office today, it’s unfair to just air the part where cops say bad things to Harris. One line — “fuck your breath” — out of context is just a gotcha moment. The media should also show Harris yelling at the cops. Now granted, Harris has just been shot. Maybe you wouldn’t like the line even in context, but the context matters. Harris, on the ground after a dangerous chase, is yelling about how he “didn’t do shit.” This is a man who had just ran from police after selling an illegal gun to an undercover cop. My actual thought when I heard his protests of innocence was, “fuck you!” Though I did manage to just think this and not blurt it out in the middle of a newsroom. I also didn’t just have to chase, catch, and restrain this jerk. This situation, to paraphrase Jay-Z, has 99 problems, but the cops’ words ain’t one.]

    Maybe it’s because as a police officer you’re around of lot of death and even a lot of people murdered. So perhaps it’s inevitable to rank order the value of life. It’s one way you cope with dealing with a lot of death. An innocent kid is worth more than a guilty adult. A robbery victim’s life is worth more than the robber’s life. Somebody who could have prevented his own death by complying with lawful orders deserves less sympathy than somebody who didn’t run. The death of a guy killed after some minor vehicle violation is more tragic than a long-time felon who dies after running and selling undercover cops a gun. Somebody killed with intent is different than somebody killed in an accident. And both of those deaths would be different than somebody who happens to die as a result of less-lethal force.

    So Bates had a Taser. And I think Bates wanted to use his toy. Oh, boy! I suspect moments like this were exactly why Bates had given so much to the Tulsa County Sheriff. He wanted to play cop. Bates and the Tulsa County Sheriff’s Department have made a mockery out of professional policing. Clearly Bates should not have have had a gun and a Taser.

    Let us not start to consider “slip and capture” (a term I had forgotten before today) justification for using a gun instead of a Taser. Yeah, apparently it is possible to hold and fire a gun that you think is a Taser. “Slip and capture” reminds me of the invented concept “excited delirium,” which to some people means it’s OK when people die after getting tased. Just because you give something a name doesn’t make it real, or defensible. At best, “slip an capture” is a description. Bates, from everything he said before and after firing one round, obviously did not intend to shoot and kill Harris. But that doesn’t make it OK. And with proper training you don’t do it.

    And it’s interesting to note that both in this case and the shooting of Walter Scott in South Carolina (and the shooting of Oscar Grant on the Fruitvale BART platform), that these victims would be alive if the cops (or, “cop” in the Oklahoma case) had not been armed with a Taser. I’ve never been a big Taser fan. I wonder if this is something to consider. There’s particularly irony in people being killed because officers have less-lethal weaponry. (Not running from cops is also a wise preservation strategy, though that didn’t help Grant.)

    Finally, let me observe that I don’t know much about Oklahoma except a song (and the history and meaning of “Sooner”). But maybe Oklahoma is not “doin’ fine.”

    Oklahoma (together with fair New Mexico) has the highest rate of police-involved killing in the nation! The rate at which people are being killed by police in Oklahoma is twice the national average and five times the rate in New York or Michigan. Five times higher? That’s a big difference. It’s also the subject of my next post.

  • “Can’t tase me, bro!”

    There’s an excellent article by the Atlantic’s Conor Friedersdorf about the use of a taser for non-compliance. I’ve long argued that, without an actual threat, tasers should not be used for compliance. The taser is too easy, usually not necessary, and sometimes kills people.

    Now I’m all for people complying with lawful orders; you do not have the right to refuse a lawful police order. But this case gets at the heart of non-compliance. What do you do when somebody does not comply?

    Cops will be quick to justify use of force for non-compliance. I don’t have a quibble with that. But what kind of force is reasonable? Lethal force is not OK. Hands-on is OK. But what about the taser? Sometimes you need to take a step back and ask what kind of society we want to live in.

    Personally, I don’t want to live in a society where non-threatening people — whether they are criminally stupid or not is beside the point — routinely get zapped by government agents.

    (Just think, this is why our Founding Fathers were wise enough to include the right against self-incrimination in the 5th Amendment. Were it not for the right to remain silent, police could and would use tasers in routine interrogations.)

    Tasers have been used — shamefully, I might add — against naked people, the homeless, a legless man in a wheelchair (you can’t make this shit up), a 76-year-old man driving a tractor, a 10-year-old girl, a guy running on a baseball field (I thought that one was OK), the “Don’t tase me, bro” dude, a guy who didn’t understand English, and the misuse of a taser led to a good police offier’s suicide. If you scroll down to the bottom of the Atlantic piece, you can see lots of bad taser-use videos.

    Now there are good uses for the Taser, and tasers have been shown to reduce injuries. (Serious question: how many injuries prevented per taser-related death is acceptable?) But none of this, not even National Institute of Justice recommendations, justify the massive overuse of tasers in law enforcement. Police are trained to use tasers for non-compliance. In many of those above instances, officers were acting in accordance with their training and regulation. And then the same officers were punished when the craziness of such training and policy becomes apparent.

    What I like about this recent case is that I can see the complete absolutely correct unassailable logic… for both sides of the case.

    Here’s what happened: a jogger, Gary Hesterberg, is stopped by a law-enforcement officer for an infraction. Hesterberg doesn’t have ID and says his last name is Jones. He then fails to comply with a lawful order and resists arrest. Finally, when attempting to flee, Hesterberg gets tased and arrested. So clear cut. So logical. But the problem with such a description is that no matter how logical each step is, at some point it is absurd — to use phrasing of the court it is not “objectively reasonable” — to use a Taser against a jogger violating a leash law!

    In court, the government conceded the violation was minor. Lying to police officer and failure to comply are less minor, but, said the court, “not inherently dangerous or violent.” Still, all this and the jogger’s resistance to arrest “weighs in the government’s favor.” The arrest was valid. The court accepted the government’s claim that “using communication skills was not a viable alternative to effect Hesterberg’s arrest.” Nor was arresting the jogger at his house — he gave his real address but said his last name was Jones — given the jogger’s willingness to lie. The jogger said he wasn’t even certain that green-uniformed Federal Park Ranger was law enforcement. The court said, tough titty, kid. And the court also understood that the jogger could have avoided this whole mess had he simply A) given his real name or B) complied with lawful orders.

    And court understands that the decision made by the officer needs only be reasonable “from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.” This makes allowance for the fact that “police officers are often forced to make split-second judgments.”

    Now given all this, I would think the court is about to offer unqualified support for the government’s position and taser use. From Tennessee v. Garner (cops can’t shoot a fleeing felon), when know the government interest in stopping a fleeing suspect is not absolute:

    The Court finds that the intrusion on Hesterberg’s Fourth Amendment interest to be free from being tased greatly outweighs the minimal governmental interest in apprehending him for his violations of the law. Cavallaro’s use of her taser on Hesterberg was therefore unconstitutional.

    Did you get that? Here it is again: “The government’s interest in apprehending Hesterberg is simply too low to justify his tasing even if he willfully disregarded such a warning.” Daaaaamn.

    Weren’t listening? One last time: “The Court is not persuaded that the need to identify Hesterberg for his low-level violations of law justify Cavallaro’s use of the taser, even if the taser was the only tool remaining to collect Hesterberg’s identifying information.” Boo-ya.

    So what are you supposed to do? Let him jog away? Uh, yes. This is news to me and to most cops,

    Let him flee. Even if you have less-lethal weaponry at your disposal.

    This requires a seismic shift in the minds of law enforcement. Under certain circumstances sometimes it is OK, permissible — even required — to simply allow a person under arrest to flee. Cops will hate this, but it is a common sense, pro-police discretion, and pro-4th Amendment decision. It is worth remembering that though Garner was not “pro-police,” it turned out great for cops: scores fewer officers shot and killed!

    The judge, and this is important, even recognized that her decision goes against the regulations of the law enforcement agency that would permit tasing a 9-year-old girl or an 8-month pregnant woman: “The Court cannot imagine a rational fact-finder that would find it reasonable to tase a nonviolent and nonthreatening nine-year-old or eight-month-pregnant woman fleeing from non-serious misdemeanors.” Good.

    The jogger got $50,000.

    This certainly puts the rank-and-file in an awkward position. Their departmentally justified use-of-force policy is deemed, after the fact, to be unconstitutional and negligent. Once again somebody is telling police what not to do without any clear guidance as to what to do.

    Since you know it will take ages for police departments to catch up. I wouldn’t mind seeing a few police officers sue their own police department for policies that encourage or require officers to violate their oath to the constitution. “Failure to obey” doesn’t mean you get to use every toy on your belt. Police need to use their intelligence and common sense to understand the totality of the circumstance. I’ve got no problem with that. Because police generally have, despite what some may think, plenty of intelligence and common sense. Officers just need support from above and permission to use that discretion.

    I’m curious what cops out there might think. If you think this decision is absurd — if you think it should be OK for a cop to tase a minor offender fleeing arrest — at what kind of weaponry would you draw the line? Would rubber bullets be OK? Dog? Tear gas? Flash grenade? Sound cannon? Anything short of the lethal force prohibited by Garner? Or was Garner wrongfully decided?

    In an age where more and more less-lethal weaponry is in the hands of police, I think it’s important to clarify what kind of force is reasonable. For a leash-violation, a taser crosses the line.

    [Here’s a pdf of the court decision by the Federal Northern District of California case 13-cv-01265-JSC.]

    [Also, with regards to previous posts on race and police, it seems relevant to point out that the jogger was white. Had the jogger been black, I’m sure this would be seen as a racial incident and some people would claim, “Police never would have stopped a white jogger, much less tased him!” And this despite seeing again and again that police sometimes overreact to people of all races.]

  • Good use of Taser

    NYPD subdue armed mentally disturbed man. Nobody seriously hurt.

    That’s the headline you should read every now and then. But you rarely do.

    I’m not a big fan of the Taser, but this seems to me exactly what it is designed for.

    What’s odd, at least to me, is that here is a perfect use of the Taser. A crazy gets zapped. Nobody gets seriously hurt. And yet at least one media source seems to imply something bad happened.

    Also, does the NYPD really respond to 100,000 EDPs a year? Seems awfully high to me. And what the hell does, “routinely result in injuries or death” mean. I seriously doubt there the NYPD responds to 275 EPD calls per day. But if that is the case, and people are “routinely” injured, does “routinely” mean say, half the time? So there are 6 EDPs injured by the NYPD every hour? Now that would be a real story… except it’s not true. I’m not quite certain what the story here is, except for a job well done by the NYPD.

    Anyway, “cops do good job” indeed isn’t much of a headline. Nor is “violent crazy man committed to hospital, everybody goes home” a great lede. Still, it seems appropriate to give the police credit when it is due. I mean this is what Tasers are for.

    [hat tip to Sgt B]

  • Lieutenant in Taser incident commits suicide

    I just heard on the radio that Lieutenant Pigott, the lieutenant who, one week ago, ordered the man on the awning in Brooklyn to be Tased, shot himself. That’s very sad.

    The lieutenant, I believe in good faith, made a bad decision that violated departmental rules. Allpolice officers violate departmental rules. I know I did. And not always in good faith. But I was lucky; nobody died.

    Mr. Morales should not have been tased. But had I been in the same situation, it was a decision I very likely could have made. Mr. Morales, a crazed 35-year-old man, died.

    After 21 years on the force, the lieutenant’s life came crashing down. He caused a man’s death. He was stripped of his badge and gun. He was demoted from a specialized unit he loved to a desk job in motor pool. His future, as he probably saw it, consisted of lawsuits, disgrace, and no end in sight. The NYPD threw him under a bus.

    On Wednesday, the Morales family held a wake. Lieutenant Pigott apologized for what happened, saying he was “truly sorry.”

    On Wednesday night, the eve of Lieutenant Pigott’s 46th birthday, he gained access to another officer’s gun and shot himself. He leaves a wife and three children.

    It’s very sad.

    There’s more in Newsdayand the New York Times.