Showing posts with label Taser. Show all posts
Showing posts with label Taser. Show all posts

Friday, April 23, 2010

Toronto Taser Report Released

Toronto Star reports on a report released yesterday that documents Taser use by the City's police force:

The chief’s annual report for 2009 CEW use — which he described as “the most comprehensive report of public accountability on the use of energy conducted weapons in any police service to our knowledge — shows Tasers were drawn 307 times in 273 incidents.

Taser use by Toronto police resulted in only two minor injuries, a scraped knee and a bump on the head, but no serious harm or death. There were 18 cases of unintentional discharge and the devices were used on animals in nine calls.

...This demonstrated force presence was effective in 45.4 per cent of the cases Toronto in which police used Tasers last year... About 40 per cent of those brought under control with Tasers were believed to be emotionally disturbed and/or under the influence of drugs or alcohol.

- Garry J. Wise, Toronto

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Thursday, March 18, 2010

Ontario To Announce New Taser Guidelies March 30

Canadian Press reports that the Ontario's government is about to announce new guidelines on the use of Taser stun guns by the Province's police forces:

TORONTO — Ontario is poised to revamp its guidelines on the use of stun guns by police, The Canadian Press has learned.

The changes are expected to be made public March 30, sources say, about two years after the governing Liberals launched a review of Taser use in the province.

According to the report, radical change is unlikely. Recommendations that all front line, uniformed police officers be permitted to carry the weapon are not expected to be implemented:

Currently, only tactical officers and supervisors are allowed to carry Tasers in Ontario, but the government is being urged to make them available to all front-line police officers.

It's among the recommendations made by the police standards advisory committee, a group of representatives from police groups and municipalities within the ministry tasked with providing advice to the government about the use of stun guns.

...Government officials wouldn't comment on whether they plan to follow that advice, but hinted that drastic changes are not in the works.

"We have and will continue -- notwithstanding the report -- to have a very measured use of Tasers in the province of Ontario," said Laura Blondeau, a spokeswoman for Community Safety and Corrections Minister Rick Bartolucci.

Progressive Conservative critic Garfield Dunlop said he's planning to re-introduce a resolution in the legislature demanding that all front-line officers carry Tasers.

Wednesday, December 30, 2009

U.S. Appeal Court: Limits On Police Taser Use

McClatchy reports:

A federal appeals court on Monday issued one of the most comprehensive rulings yet limiting police use of Tasers against low-level offenders who seem to pose little threat and may be mentally ill.

In a case out of San Diego County, the 9th U.S. Circuit Court of Appeals criticized an officer who, without warning, shot an emotionally troubled man with a Taser when he was unarmed, yards away, and neither fleeing nor advancing on the officer.

...A three-judge panel of the 9th Circuit affirmed the trial judge's ruling on Monday, concluding that the level of force used by the officer was excessive.

McPherson could have waited for backup or tried to talk the man down, the judges said. If Bryan was mentally ill, as the officer contended, then there was even more reason to use "less intrusive means," the judges said.

"Officer McPherson's desire to quickly and decisively end an unusual and tense situation is understandable," Judge Kim McLane Wardlaw wrote for the court. "His chosen method for doing so violated Bryan's constitutional right to be free from excessive force."

- Garry J. Wise, Toronto

Update: December 31, 2009

Orin Kerr at Volokh walks readers through the appellate court's opinion, and not surprisingly, is critical. See Thoughts on Bryan v. McPherson, the New Ninth Circuit Taser Case

- G.J.W.

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Friday, June 05, 2009

Taser Creep

Orin Kerr at Volokh reports on a Niagara County Court ruling against a motion for suppression of DNA evidence, forcibly obtained when police "tased" a suspect's to obtain his "compliance" with a warrant requiring that his DNA be collected for testing.

From the ruling:
The Defendant argues that the use of the Taser is per se unreasonable because of the excessive amount of pain it causes and the danger of serious physical harm it creates. However, while counsel has mentioned numerous times the device inflicts 50,000 volts, the Court must admit it does not have the scientific knowledge necessary to interpret that fact. It sounds like a high number but what is its relevance to the force imposed and the pain inflicted. There was absolutely no evidence presented to the Court that this is a dangerous amount of voltage and the defendant has presented no evidence of the actual effect or dangers of this device.
One must wonder how authorities ever obtained any compliance at all before these increasingly ubiquitous defensive devices were invented?

(And yes Orin, it's torture, even on the lowest setting - it is a high voltage fist to the face - or in this case, shoulder).

As they say in the movies, "we have ways to make you talk..."

Tuesday, March 11, 2008

Tasered Utah Man Wins $40,000 Settlement

Mike Nizza of The Lede reports that Jared Massey, a Utah man whose roadside tasering went viral on You Tube, has settled his damages suit with the Utah Highway Patrol for $40,000.00.

A taser was fired twice at Mr. Massey by a highway patrol officer after the Utah driver refused to sign a speeding ticket.

The deal was announced a week after a Utah prosecutor ruled the Mr. Massey did not commit any crimes in the traffic stop, according to The Salt Lake Tribune. His civil case focused on the fact proven in the video — that the officer did not seek to arrest him before drawing and firing the Taser.

The video has been seen 1.75 million times on You Tube:



- Garry J. Wise, Toronto

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Wednesday, December 12, 2007

Report: RCMP Taser Use Must be Restricted

CBC:

The RCMP's watchdog is calling for the force to restrict its use of Tasers, saying the stun guns are increasingly employed to subdue those who are resistant rather than those who pose a threat.

The Commission for Public Complaints Against the RCMP released a report Wednesday outlining 10 recommendations for the government on the Mounties' use of stun guns.

Among them is that the RCMP set up a national use of force co-ordinator to oversee policies and practices concerning Tasers and to make the Mounties more accountable over how they use the weapon.

Tasers also need to be reclassified as an "impact weapon," as they were when initially introduced — meaning they should only be used by officers when an individual is combative or posing a risk of death or grievous bodily harm, the report says.
The report says Tasers are currently being used to subdue those who resist officers, but don't pose a threat — the same situations in which Mounties might use pepper spray.

This is clearly a step in the right direction. While Taser use is by no means always lethal, it sometimes, and quite unpredictably, is.

The weapon's use must be confined to very limited circumustances of legitimate self-defence by officers.

If it is to be used at all.

- Garry J. Wise, Toronto

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Friday, December 07, 2007

Vancouver Airport to Spend 1.4 Million in Improvements in Response to Taser Death

Nearly 8 weeks after the taser related death of Polish immigrant, Robert Dziedansk at Vancouver International Airport's arrival lounge, the airport has issued a report outlining proposed improvements for its international passengers.

cbcnews.ca reports:

Officials at Vancouver International Airport have announced how they will spend $1.4 million a year to improve service for international visitors.

The changes include:
  • Hiring new public safety officers skilled in negotiations and non-physical intervention
  • 4-hour staffing of the customer care kiosks in the international arrivals area and inside the customs hall
  • Terminal-wide access to translation services
  • Emergency medical responders stationed in the airport 24 hours a day
  • Improved multilingual signage with pictograms and translations in as many as 20 languages
  • Hourly walk-through of the customs hall by airport staff and 24-hour public safety patrols
  • Improved communication from inside the secure area of the customs hall to the public arrivals lounge for both staff and the public
  • A new arrivals video that will be shown on all incoming international flights
  • Improved customer care training for all airport staff
The airport’s report also features a “complete timeline of Dziekanski's hours at the airport” including reports that he was spotted sweating profusely upon his arrival at the airport.

The Commons Public Safety Committee inquiry into Dziekanski's death is continuing.

- Annie Noa Kenet, Toronto

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Saturday, November 24, 2007

Another B.C. Taser Victim Dies in Hospital

CBC News reports:

Subdued with Taser, pepper spray and baton, B.C. man dies in hospital

A 36-year-old British Columbia man has died in hospital more than four days after being subdued by RCMP officers with a Taser and almost every other available weapon short of firearms.

...Robert Knipstrom of Chilliwack, who died early Saturday in Surrey Memorial Hospital, was arrested Monday at a Chilliwack equipment rental store after an epic struggle with Mounties.

- Garry J. Wise, Toronto

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Thursday, November 22, 2007

Canada's Third Taser Death in Five Weeks

AFP:

OTTAWA (AFP) - A third death in five weeks linked to the use of Taser stun guns by police in Canada on Thursday prompted a ministerial inquiry in easternmost Nova Scotia province.

Justice Minister Cecil Clarke ordered the review into the use of Tasers in Nova Scotia, he said, following the death of a 45-year-old man who died in police custody Wednesday, hours after being zapped.

More on this story from POGG,eh, and from CBC News.

......

CityNews is reporting that the Commons Public Safety Committee will probe Robert Dziekanski's Taser death:

The death of Polish immigrant Robert Dziekanski following two jolts from RCMP Taser guns at Vancouver airport last month has opened up a fierce debate concerning the use of the debilitating high-voltage weapons. Several inquiries are already underway, and on Thursday the Commons public safety committee announced they would also be launching a probe into the events that unfolded on that ill-fated day.

Committee members from all four parties voted unanimously to review the circumstances of the case and they plan to interview numerous witnesses, RCMP officers, customs and immigration officials, airport workers and even the company that makes the weapons.

- Garry J. Wise, Toronto

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Another Taser Victim on Video: Utah Driver Refused to Sign Speeding Ticket

We have heard quite a bit from the "law and order" crowd about the many lives that have been saved by Tasers.

So allow us to ask...

How many lives were saved by this Utah police officer?

Judge for yourselves:

Digby comments:

Police in the country are now allowed to torture speeders by the side of the highway in order to get them to comply. The only difference between this officer slugging the speeder in the stomach and putting 50,0000 volts of electricity in him is that the latter doesn't leave any marks. The intent, the pain and the goose-stepping authoritarian message are exactly the same. Word to the wise. Do not ever question the police, no matter whether they are violating your rights, ignoring the constitution or breaking the law.

It is perfectly legal for them to torture you on the spot if you do.

I'm feeling so free I can hardly breathe.

Also see the ironic Tasers: Why Should Police Have all the Fun? from Red Tory

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

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Tuesday, November 20, 2007

Taser Canada

CBC reports that B.C. Premier Gordon Campbell has apologized to the mother of Robert Dziekansk, a Polish immigrant who died on October 14 after being repeatedly stunned by an RCMP Taser:

"I'm sure the RCMP would be glad to apologize. So I'm glad to apologize on behalf of people in British Columbia for what took place," Campbell said on Monday about the recent death of Robert Dziekanski at Vancouver International Airport.

"That was something that was devastating to her [Dziekanski's mother Zosia Cisowski] in more ways than I can even begin to imagine."

Videotape, released last week, cast an international spotlight on the incident and on the use of the weapon by law enforcement in Canada.

The British Columbia provincial government has ordered a full public inquiry into the October 14 incident. The inquiry's terms of reference include:

  • A review of the appropriate use and policies employed by police in British Columbia with respect to the Taser, and recommend necessary changes.
  • A full review of the incident involving Dziekanski, including (but not limited to) the actions of the RCMP, Canadian Border Services and immigration processes and Vancouver airport.
  • Recommendations on how procedures can be improved with respect to the handling of foreign passengers coming into British Columbia through the Vancouver airport.
The commissioner of the inquiry will be identified in the near future, and formal terms of reference will be drafted at that time... Once appointed, the commissioner will start the review immediately.

There is much related news on police use of Taser guns in Canada:

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

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Thursday, November 15, 2007

Canada to Review Taser Use After Shocking Video of B.C. Taser Death Released

Graphic and disturbing footage was made public today of the B.C., taser-related death of Robert Dziekansk.

Dziekansk, a Polish immigrant, died on October 14, 2007 after police shot him with a taser gun at Vancouver International Airport:

A CBC report decribes the video's contents:

The 10-minute video recording clearly shows four RCMP officers talking to Robert Dziekanski while he is standing with his back to a counter and with his arms lowered by his sides, but his hands are not visible.

About 25 seconds after police enter the secure area where he is, there is a loud crack that sounds like a Taser shot, followed by Dziekanski screaming and convulsing as he stumbles and falls to the floor.

Another loud crack can be heard as an officer appears to fire one more Taser shot into Dziekanski.

As the officers kneel on top of Dziekanski and handcuff him, he continues to scream and convulse on the floor.

One officer is heard to say, "Hit him again. Hit him again," and there is another loud cracking sound.

Police have said only two Taser shots were fired, but a witness said she heard up to four Taser shots.

Robert Dziekanski falls to the floor as an RCMP officer looks on.(Paul Pritchard)
A minute and half after the first Taser shot was fired Dziekanski stops moaning and convulsing and becomes still and silent.

After viewing this video, one can not help but wonder why in the world this lethal weapon was used by police in a situation that clearly posed no risk to anyone?

Is taser use the new refuge of the laziest of police authorities - those too inept, dispassionate and ill-inclined to use good, old-fashioned human skills to diffuse a minor nuisance and maintain order?

What would police have done in this circumstance before the invention of this lethal device?

I see no legitimate use whatsoever for tasers in Canada in day-to-day police dealings. We must take a hard look at immediate regulation to eliminate or, at least, severely constrain their use.

According to Supreme Court of Canada reference librarian, Michel-Adrien Sheppard, such a review of taser-use will now occur:

Public Security Minister Stockwell Day told the federal Parliament today that he is ordering a review relating to the use of Tasers, weapons that paralyze subjects by administering shocks of 50,000 volts.

...Taser-related deaths in Canada: "In Canada, at least 18 people have died shortly after police officers shocked them with a Taser."

More on this story from CNN and City News.

- Garry J. Wise, Toronto

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