P1 First Person: The “other court”

By Jim Guffey
Police1 Contributor

I promised myself that I was going to stay out of the TASER argument but I’ve decided that I’m going to throw my take on the whole argument out there for everyone to look over and, hopefully, get some people to think about where we’re going with this whole problem.

First, let’s understand that TASER International has done a fine job of putting out a tool — yes, I said a tool — and that it delivers exactly what it promises. Countless officers have been able to control a situation because the officer had a TASER present. In addition, I have to give TASER International high marks because they were not afraid to issue their warning notice about shooting into the chest. A lot of companies would have hidden that information because it would have been seen as bad for business. That TASER International came out and gave it wide distribution, knowing that it might be taken as a confirmation of some people’s opinions, says a lot for the company.

So, if TASER can’t be considered part of the problem — and it can’t — then how did this whole problem arise? I think it got its start by some people seeing the TASER as a non-lethal weapon.

Everyone who works in this profession knows that every tool we carry can be lethal under certain circumstances. A night stick or expandable baton could be lethal if you hit someone in the head. OC spray could be lethal if you sprayed someone who had asthma or some other lung disorder. The trick with any tool we carry is putting it in the right time frame to be used. This is an understanding that’s lost on the general public.

I think with TASER’s announcement last year, the argument could now be made that the TASER belongs with the impact weapons if you’re using the force continuum scale. I think a lot of officers have grown to think of it as right above verbal commands in the force continuum, and, I believe, this is why it is sometimes used when it shouldn’t be.

Next, I’ve used the word tool a few times and now I must explain why. I believe we have to quit thinking of the things we carry as weapons and start seeing them as tools. No carpenter would use a hammer to cut a piece of wood or use a saw to drive a nail. In the same vein, police have got to start seeing the tools they use as having a proper place and time for use.

In connection with this idea, I once made a comment to someone that police work is a contact sport. They looked at me a little funny then I explained that since police work is a “people” profession and people are our stock in trade, the amount of contact that occurs between an officer and an individual is completely up to the individual that the officer is dealing with. The more resistance, the more contact.

However, it seems that a necessary tool — and by that I mean Defensive Tactics — has not kept pace with that idea. It appears, at least to me, that some officers seem reluctant to close with a non-violent person and use hand techniques to control them. It seems that the TASER has taken the place of a wrist lock. If this is so, it is an attitude we have to change. Remember, this is America and people have a right to non-violently show their opinion or belief. If that crosses the line and requires an arrest, so be it. However, if an officer is hesitant about trying to subdue a non-violent individual with defensive tactics then that officer should find another profession because this one is not for them.

Police officers also have to understand that judges pay a lot more attention to the other court, the “court of public opinion”, than they do to the police. I’ve was an active duty police officer for 26 years, taught forensics for five years, and now teach officers about the on line crash reporting system, so I’ve been around for a long time and in my opinion we’re dangerously close to having the TASER placed on moratorium by some federal judge. The recent court rulings in California are a not-so-subtle hint that the federal courts are getting tired of the complaints about TASER usage. It won’t take much more for a federal judge to declare they can’t be used until everything with them can be worked out. I would hate to see that happen. So the smart thing to do is for us, the police, to take the lead and work to resolve the issues that surround the TASER ourselves.

Personally, I think that the public won’t say a word if you TASER a violent suspect or someone who is belligerent and wants to fight. However, I think they draw the line when it’s used on 72-year-old great grandmother who doesn’t want to sign for a ticket, a person in a wheelchair, a pregnant woman, or someone who is particularly young.

Remember if you try to take on the “court of public opinion” you’ll lose.

Lastly, let’s make sure our policies concerning the use of our tools are current and up to date. They should be reviewed every year and brought up current with new case law. The policy should explain when an officer will use the tool and, more importantly, when they will not. It should also list immediate first aid measures an officer should take after the subject is controlled. Make no mistake, this current trend of not making policies public is growing thin and the public is beginning to form the idea that if the police won’t make their policies public when requested then there is something wrong with that policy. This is creating a dangerous public mind set that can only be bad for the police.

So, there is my take on the whole TASER controversy. TASER International has given us a great tool. Its worth on the street has already been proven time and again. With that in mind, let’s not get so bull-headed that we fail to realize that the public will win if it demands the TASER goes away. Judges and politicians will heed the cry from the “court of public opinion” far more than they will the arguments from the police. This impending crisis is made worse by the fact that all we, the police, need to do is understand that the TASER has its time and place, like any tool, and that another tool, defensive tactics, has to be considered right alongside the TASER, especially when dealing with non-violent individuals.

Stay safe.