NCJ Number
230746
Journal
Law and Order Volume: 58 Issue: 4 Dated: April 2010 Pages: 52-56
Date Published
April 2010
Length
5 pages
Annotation
This article examines the U.S. Court of Appeals for the 9th Circuit's decision stating the deployment of the TASER X26 on a bizarrely behaving but non-threatening driver is excessive force.
Abstract
In a review of a case claiming excessive force, where an officer used his TASER on a bizarrely behaving driver, the United States Court of Appeals for the 9th Circuit held that use of the TASER X26 (and other electronic control devices) is an "intermediate, significant level of force that must be justified by a strong governmental interest." The result was a finding by the Court that the use of the TASER X26 in this case was unjustified, and the officer's actions were not reasonable. The officer encountered peculiar behavior, but not threatening behavior. An unreasonable use of force by police is unconstitutional in every State. This case and the court's decision is seen as a warning that not every type of non-deadly force will always be reasonable against non-compliant, but non-threatening subjects.