ACLU of New Mexico: Taser Use in Need of Regulation

This is a guest blog by Laura Schauer, Managing Attorney, ACLU of New Mexico.

There is a disturbing pattern emerging here in New Mexico: inappropriate and excessive use of Tasers by law enforcement. Tasers are “less-than-lethal” weapons that use compressed nitrogen to fire two darts that deliver 50,000 volts of electric shock into the target’s body, causing temporary incapacitation. However, this “less-than-lethal” brand is far from certain. Amnesty International reports that over 350 individuals have died soon after having the weapons used on them.

Medical experts agree that Taser use is not without serious risk. Dr. Zian Tseng, a cardiologist at the University of California in San Franciso, believes that Tasers may be fatal if they discharge during the vulnerable period of the heart beat cycle, are used on particularly susceptible populations or are used multiple times for an extended time period. Tseng says, “I think they are dangerous ... You are shocking someone repeatedly. It becomes a bit like Russian Roulette. At some point, you may hit that vulnerable period.”

Evidence suggests that people who take certain drugs -- both legal and illegal -- are especially vulnerable to a coronary incident triggered by Taser shocks. Doctors also identify children, the elderly and people with existing heart conditions as populations that are at high risk for Taser-induced health problems.

Tasers are designed give an officer an alternative means to neutralize a serious threat without killing or gravely wounding someone. However, in application, the vast majority of shocks fired by law enforcement are not actually alternatives to gunshots. Most of the time the weapon is used in situations where a high-level -- and potentially lethal -- use of force is not absolutely necessary. Let’s look a few of the incidents that have occurred here in New Mexico:

• In 2007, officers in Raton tased 23-year-old Jesse Saenz 23 times while he was restrained in handcuffs. He died before reaching the county detention center.
• In July 2009, the Tucumcari Chief of Police tased a 14-year-old girl with epilepsy as she attempted to flee. One of the prongs went through her skull and pierced her brain.
• In March 2010, officers in Taos tased a handcuffed woman five times.

In all of these situations, Tasers were not used as a measure of last resort; they were used on unarmed, sometimes restrained, individuals who posed no lethal or serious threat to officers or themselves.

To avoid unnecessary casualties and costly excessive use of force lawsuits, police departments around the state need to take a close look at their Taser policies and training programs. Some departments are already reevaluating their relationship with the weapon. In July 2010, the Las Vegas Police Department announced that, after considering the legal and safety risks, they will stop using Tasers altogether.

The ACLU of New Mexico makes the following policy recommendations to all New Mexico law enforcement entities that carry Tasers as part of their arsenal:

• Local governments and local law enforcement should adopt stricter Taser use policies, designating it a “last resort” rather than a compliance aid.
• At a bare minimum, police should adopt policies to minimize the risk of death including prohibiting repeated shocks and tasing the very young, the elderly and pregnant women.
• Tasers should never be used on individuals who are handcuffed or otherwise restrained by law enforcement.
• Police should create detailed, explicit, in-house Taser training manuals and should not rely on the manuals supplied by the manufacturer which exaggerate the weapon’s safety and recommend its use in inappropriate situations.

The Albuquerque Police Department and the New Mexico State Police already have some of these policies in place. They establish Tasers as a weapon of last resort when all less forceful options have been exhausted and discourage their use on people who are already safely restrained. Other departments around our state would do well to follow their lead by reevaluating how they use the weapon, refining Taser policy and improving officer training. Until independent, unbiased research confirms that Tasers are safe to use on everyone -- not just healthy, chemically uncompromised adults -- we have a responsibility to err on the side of caution.

This is an op-ed by Laura Schauer Ives, Managing Attorney, ACLU of New Mexico.

To submit a piece for consideration as a guest blog on Democracy for New Mexico, contact me by clicking on the Email Me link at the upper left-hand corner of the page.