Herald editorial: York, Chester, Lancaster police look at use of Tasers

A ruling by the 4th U.S. Circuit Court of Appeals will compel law enforcement agencies in five states to review their policies on the use of Tasers. Fortunately, it appears that the policies of local law enforcement agencies already comply in large part with the court’s ruling.

The ruling, issued last month, involves the 2011 case of officers using a Taser on a mentally ill North Carolina man who had wrapped himself around a road sign, refusing to allow officers to take him to the hospital. The man later died, and the court said police had used excessive force, violating the man’s Fourth Amendment rights.

The ruling affects law enforcement agencies in North Carolina as well as South Carolina, Maryland, Virginia and West Virginia, all of which are in the 4th Circuit. But officials with local agencies, including sheriffs offices in York and Lancaster counties and the Rock Hill and Fort Mill police departments, said all they had to do was essentially tweak their existing policies.

For example, officers already are not permitted to use Tasers on suspects who simply are using passive resistance. They also are not allowed to use Tasers on those who are fleeing but otherwise posing no risk to anyone. Using Tasers on someone who might be about to cause harm to himself also is not permitted.

But while the court ruling will not result in wholesale changes in local policies, it does present an opportunity for agencies to review their policies and familiarize officers with the rules about when to use a Taser – or pepper spray or a nightstick – and when not to. With use of force by police nationwide now in the public spotlight, any prominent examination of policies regarding force should help build public confidence and trust in law enforcement.

These policies don’t put cops at greater risk. They simply make it easier for them to know what to do in the heat of a tense situation.

The guidelines have not always been that clear. In 2004, for example, Rock Hill police used a taser on a 75-year-old woman who refused to leave a nursing home where she'd gone to visit an ailing friend.

While the woman was not seriously injured, the incident brought significant criticism of the officer’s use of a Taser when the woman posed no apparent threat. Incidents such as this undoubtedly have helped prompt local agencies to review and their policies over the years.

Tasers are designed as a safer way to subdue suspects by causing them intense pain or incapacitating them. In short, Tasing is an alternative to shooting them.

And despite the misuse of Tasers and deaths that have resulted from their use, they still have a useful role to play in law enforcement. Used when appropriate, they can save lives, including those of the suspects themselves.

But it is crucial for police to know when it is appropriate to use a Taser. This court ruling provides an opportunity to increase awareness on the part of both officers and the public about those policies.

And that can be helpful for everyone.

This story was originally published February 10, 2016 at 7:29 AM with the headline "Herald editorial: York, Chester, Lancaster police look at use of Tasers."