Dont tase me bro! - anybody got a link to a police handbook saying what was appropriate in that situation?

Question

I'm curious if anyone can provide a link to a formal police sort of "rule book", if you will, that we can check to see if the cops involved in this incident were just following their training or were out of line. (i think they were probably out of line, but I want to know if there's an official source (not just ppls opinion) that says what police officers "should" do in such a situation.)

If you are a cop, please feel free to answer to.

Thanks everyone!!!

Answer 1

It can be found in department policy manuals which are written based on laws governing the use of force. I work in NC which probably has similar laws (to Florida) covering this. Here is a link to NC General Statute 15A-401:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-401.html

The part that says force can be used is this section:
"To prevent the escape from custody or to effect an arrest of a person who he reasonably believes has committed a criminal offense, unless he knows that the arrest is unauthorized;"

The important part that would cover me if this had happened in my jurisdiction is the "effect an arrest." The guy was resisting the officer's efforts to handcuff him and remove him from the room. I have Tasered people for doing this very thing and been cleared of wrong doing in the past.

Well what do you know. I aim to please. Here is the University of Florida PD's policy manual dealing with Use of Force:
http://www.president.ufl.edu/incident/UFPD-use-of-force-policy.pdf

Read 4000.4.

Answer 2

1

Answer 3

There isn't a "handbook", or official source. Police work isn't black and white.

Basically here you go. The taser was a justifiable use of force since this person was resisting arrest. There were two officers on him and they couldn't get his arm behind him. He was told to put his arm behind him, and that he was going to be tased if he didn't. Even though a warning is not required they gave it to him. He choose not to comply and continued to resist, and was tased. Done deal, it's simple. resist the police and they use the force needed to control you.

Before anyone spouts off about freedom of speech, this has NOTHING to do with freedom of speech.

Also I keep reading about "manpower". It's a matter of resisting an officer. It's absurd to say that there were enough manpower to control this person. First of all have you ever had 10 people pile up on someone? The officer on the bottom can't move, I've been there before. There were also people approaching them that posed a possible threat. For example when the female officer came up to the person with the camera and was told to get back, that is one less officer to help control the suspect.

Do parents still teach their kids to do what they are told, and to respect the law? I guess it's becoming more and more uncommon.

Answer 4

Of course, each department has its own Use of Force policy, but the general rule is: Police are authorized to the amount of force necessary to gain compliance and/or to arrest subjects. That force can escalate depending on the subject's level of compliance/resistance.

The taser is an extremely effective tool. It can be employed in a "drive stun" method which is for pain compliance (this is the setting that appears to have been used in the video). The second, and more effective method is "shooting" the conductive probes into the subject. The spread of electricity causes instant immobilization by "locking" all the muscles between the probes. The drawback is that subjects can fall and not stop themselves, that is how most injuries associate with taser deployments occur.

The taser has prevented more injuries and saved more lives that any other tool ever used by law enforcement - period!

Answer 5

Here is a matrix from the Cincinnatti police department. It seems to be pretty standard, you can see that there is some subjective criteria there (It doesn't paste well, sorry see the link in source).

EDIT: It is troubling to see other police officers defending the actions of those officers. This person should not have been tased.

Use of Force Continuum SUBJECT RESISTANCE FORCE OPTIONS OFFICER / SUBJECT FACTORS Compliant / Cooperative Officer Presence Physical Size Complies with verbal commands and other directions Verbal Skills Influence of alcohol or drugs on subject Uncooperative X26 Taser/Chemical Irritant Subject’s mental capacity or impairment Fails to respond to verbal commands or
other directions. Escort Techniques Multiple suspects
Active Resistance Restraining Techniques Subject is making physically evasive
movements to defeat the officer’s Balance Displacement SPECIAL CIRCUMSTANCES attempt at control, including bracing, tensing, or pushing, or verbally Hard Hands (Pressure Points/Strikes) signaling an intention to avoid or prevent
being taken into or retained in PR-24 (Baton) custody. Environmental Factors Less Than Lethal Assault or Threat of Assault Beanbag Shotgun Distance from subject Subject assumes fighting stance, 40 mm Foam Round charges, strikes, or kicks an officer Pepperball Launcher Officer injury / exhaustion or verbally or physically indicates intent to commit an assault combined Proximity of weapon with the subject capability to assault Officer on ground Life Threatening Assault or Deadly Force Assault Likely to Cause Serious Special knowledge Physical Harm Subject commits an attack using an Crime involved object, a weapon, or an empty hand assault, wherein the officer reasonably History / knowledge of subject believes the assault will result in serious
physical harm and/or death Each force situation is unique and this continuum is intended only as an illustration of the various force options that are available to an officer facing a given level of subject
resistance. This continuum is not intended to preclude a force option when that option would not exceed the amount of force reasonably necessary to effect a lawful arrest
(Graham v. Connor, 490 U.S. 386 (1989)). Good judgment and the circumstance of each situation will dictate the level on the continuum of force at which an officer will start.
Depending on the circumstances, officers may find it necessary to escalate and de-escalate the use of force by progressing up and down the force continuum. It is not the intent
of this continuum to require officers to try each of the options before moving to the next, as long as the level of force used is reasonable under the circumstances.
Disengagement, area containment, surveillance, waiting out a suspect, summoning reinforcements or calling in specialized units may be an appropriate response to a situation.

Answer 6

He was asked to step down and not to be so disruptive. He was bad enough that security had to be called. He was asked to leave and didn't. He was warned of the consequences if he didn't comply. He did not comply and said consequences were used against him. He was disruptive and out of line. Authorities were unsure of his intentions, didn't know if lives were in danger. We argue that more should have been done in cases like Virginia Tech then when we do more that's wrong also. You have got to have a happy median, and yes in police procedure books a police officer can use any means necessary to get control of a situation. In Indiana its called 1 + 1 which means you can match a aggressors actions and go one step farther to get control of the situation.

Answer 7

THE MANUALS ON FORCE AND USE OF FORCE CALL FOR AN ESCALATION UNDER NON COMPLIANCE TO USE THE NEXT LEVEL OF FORCE:
1. VERBAL COMMAND (TELL INDIVIDUAL TO)
2. PASSIVE RESISTANCE = HANDCUFFING LIKE PROTESTERS YOU HAVE SEEN
3. ACTIVE RESISTANCE- OPEN AND CLOSE HAND TECHNIQUES--NIGHT STICKS, TASER GUN
4. AGGRESSIVE RESISTANCE--COMMING AT YOU /DEADLY FORCE CAN BE WARRANTED IF JUSTIFIABLE??

IN THE TAPES I HAVE REVIEWED OF THE INCIDENT ON THE INTERNET, I WOULD SAY THE POLICE USE GREAT RESTRAINT AND WERE AT A LEVEL OF FORCE LOWER THEN ALLOWED UNDER THE CIRCUMSTANCES PRESENTED AND SHOWN

BOTTOM LINE AS A POLICE OFFICER IS YOU HAVE DISCETIONARY DECISION MAKING POWERS TO USE--YOU AS THE OFFICER--OFFICERS HAVE THE SKILL, KNOWLEGE AND EXPERIENCE TO EVALUATE THE SITUATION AND WHAT IS HAPPENING AND THEN JUSTIFY YOUR ACTIONS--PROBABLY WHY WE DO NOT HAVE AS MANY POLICE AS WE REALLT NEED HUH??

HOW WOULD YOU FEEL IF EVER ACTION YOU TOOK WAS CRITISED BY THE PUBLIC--I GOT A REPRIMAND ONCE IN 1969 FOR NOT PUTTING MY TURN SIGNAL ON WHEN I TURNED OFF THE ROAD. WHAT HAPPENED WAS I WAS TRAVELING AROUND ON PATROL ON A TWO LANE NEIGHBORHOOD ROAD AND SAW SOMETHING THAT CAUGHT MY EYE OF TWO GUYS FIGHTING A YOUNG LADY YELLING I IMMEDIATELY TURNED TO SEE WHAT WAS GOING DOWN. THE GUY BEHIND ME WAS TWO CAR LENGTHS AWAY AND CALLED THE PRECINCT ABOUT MY NOT SIGNALING--COULD YOU HANDLE THAT??

Answer 8

The cops were not out of line. The jackass was warned, numerous times. He had plenty of opportunity to offer his opinions and ask questions. When it became apparent that his only reason to be there was to be disruptive, they cut off his microphone. He still refused to stop. He refused to exit on his own. He was warned that he would be tased. He didn't stop. So, he was tased. He did it all for attention. He got his 15 minutes of fame.
By the way, does anyone realize how much that guy sounds like Dane Cook?

Answer 9

If you play the tape back real slow, what I think the guy said was, "Don't tease me, bro." He probably confused Senator Kerry with Senator Craig (they all look alike to me too) and was hoping him and the senator could maybe hook up after the press conference. (Not that there's anything wrong with that...) So yeah, if the word was "Tease", then the cops are guilty of a gender-bias, homophobic, anti-gay slur, violation of the guy's Yuman Rights.

Answer 10

A friend of mine got tazed for resisting arrest. Any time the police try to get you to move and you resist, they are allowed to use the taser.