Seeing that epic faceplant in the other thread prompted this.

Question:
Does your agency (or you personally) have a policy pertaining to using a TASER to stop an arrestee who is running away to avoid apprehension?

Choices:
Always prohibited.
Okay if it’s a serious crime.
Okay if there’s no risk of causing serious injury.
Always permitted.
No policy.
Other.

 

NJ policy under the AG Guidelines as far as Escape..

quote:

the device may only be used when it is reasonably
necessary to temporarily incapacitate a physically combative person in order to
prevent the person from causing death or serious bodily injury to him/herself, the
officer, or another person, or to prevent the escape of a violent offender.

https://www.nj.gov/oag/dcj/agg...d-Energy-Devices.pdf

We can use to subdue someone actively resisting compliance or arrest on up.

quote:

Originally posted by gearhounds:
We can use to subdue someone actively resisting compliance or arrest on up.

I’m not clear what you mean. Does that include someone who is running away, as in that other thread? Using a TASER against someone who is resisting is obviously what they were designed for, but that isn’t what I’m asking about.

And thanks, rscalzo; that policy is what I had in mind about someone being arrested for a serious crime.

Ours goes as low as someone spitting on you.

quote:

Originally posted by Marcushoss:
Ours goes as low as someone spitting on you.

If they are running away?

We cannot tase someone just for running. Say a driver runs from a traffic stop or a shoplifter sees a police car and takes off- not enough to use the Taser. If there is something else like running from a domestic assault or has a warrant for a violent offense then that is justifiable. Short answer: Taser for someone just running away is not justified.

Suppose it would depend on why they are running. Just running away from a stop and frisk? Nope. Traffic stop and they bail and run? Probably nope. Minor offense? Again, probably nope. Fleeing combative subject? Yep. Fleeing felon? Absolutely.

Whether they fall on their face from the TASER, get tackled, or just trip over their own two feet, it wouldn't happen if they complied with the lawful order to halt.

Our policy puts the TASER pretty much the same level as OC on the force continuum. It can be used upon a threatening act by the suspect, to prevent escape (herein is the vague area you ask about), and to prevent injury to the suspect (self inflicted, TASER is an option on mental patients who are inflicting self harm for example.)

Our policy authorizes Taser at the "assaultive behavior" level. Flight alone, absent other behavior that reaches the level of "assaultive" does not cut it. The use most also meet the constitutional standard of objective reasonableness.

You can not tase for mere flight.

quote:

Originally posted by jljones:
You can not tase for mere flight.

Not even if it makes really good video? Darn!

When we first got them (2009ish) it was OK for whatever....including running away...

then, "That Guy" F'd up and tasered someone in handcuffs who was trying "to run away" ( running his mouth) when he got out at the Magistrate's office...now, had the suspect been cuffed in the back (per policy-and remember, policies are there for a reason) and not trying to dance around just outside of the patrol car, suspect would not have caught TWO five second trips on the Taser....

it was only after the Magistrate called the Sgt's after seeing it on CCTV outside his office that it came up...

then the policy came out about not using it on people running away.....

so, the takeaway is, don't be that guy.

(ps: I'm retired, and this infraction was not his only foray into stupidity that affects every cop today, last I heard was he popped someone recently-luckily I threw him out of my car after a few hours and turned him over to the sgt, so my name is not in his training book)

No taser for running. Taser for resistance

"Active Aggression" here. Of course, the policy has a catch-all that broadens the scope, but that catch-all is up to the interpretation of whatever deputy chief is evaluating your case...not many test the theory. The taser falls above everything except lethal force at my agency. But we did kill two with Tasers a few years ago and that got quite a bit of attention.

Simply running, no. Running after punching you in the mouth, yes.

We have nearly 2,000 officers, but less than 100 tasings a year. I tased 10 at my old agency, all within a similar policy. Most of them were lethal force situations but the Taser saved their life. Back when police could be police.

We can't tase em for fun.
We can't tase if they run.
sigh, being a cop used to be fun.

We can't tase if they are up high
or if they would fall from the sky.
If we do we will defy,
policy written for cops to comply.

The boss will yell,
and time will tell,
if we get sued because he fell.

Get rid of the taser they used to be swell.
if you're fool enough to use it remember,
the paperwork is hell.


Sorry, just read the gf's kids Dr. Seuss.

gw3971 -- How about some haiku?

Yes. It falls under active resistance according to policy.

We fall under the 4th Circuit's Decision.


4th Circuit https://www.policeone.com/poli...essive-use-of-force/

quote:

Originally posted by sig 226:
We fall under the 4th Circuit's Decision.

Thanks for that link. I believe I had read it before, but it was a good reminder. Not that anyone would care what I think, but I would have agreed with that court's rulings (based on the limited information available, of course).

quote:

Originally posted by V-Tail:
gw3971 -- How about some haiku?

An order to stop.
The Suspect clinches his fist.
Lightning, no thunder.