Reasonable use of stun guns
Law enforcement should take into account the following factors when deliberating over whether using a stun gun is warranted:
- if the suspect is resisting arrest or tries to run away;
- if the suspect presents an imminent danger to others; and
- the seriousness of the alleged criminal’s offense (however, using a stun gun may still be a reasonable use of force if the offense was minor but the suspect is behaving in a hostile way)
The police should always try to give a verbal admonishment to suspects prior to unleashing the stun gun in an effort to avoid having to use the stun gun at all.
Excessive use of stun guns
Police are instructed to resort to stun guns as infrequently as possible. And if they do use a stun gun, they are instructed to stop as soon as the suspect is subdued. Repeated uses of a stun gun may be reasonable only if the suspect continues to present a threat.
Even though stun guns are not deadly weapons in and of themselves, they can turn deadly — or at least injurious — to victims who sustain repeated shocks one right after another. Furthermore, people are more likely to sustain serious injuries or even death from stun guns if they have certain medical conditions — such as obesity or an addiction.
Jones v. LVMPD
Recently, the Las Vegas police paying $500K to settle stun gun death case, Las Vegas Review-Journal (July 25, 2018).
