Criminal Defense Lawyers

When Are Las Vegas Police Allowed to Use Stun Guns?

As criminal defense attorneys, we at Spodek Law Group are often asked about police use of force, including when officers are permitted to use weapons like stun guns. The use of stun guns by law enforcement has become increasingly common, but also controversial. In this article, we’ll examine the policies and guidelines that govern when Las Vegas police officers can deploy stun guns against suspects or civilians.

Overview of Stun Gun Use by Las Vegas Police

Stun guns, also known as tasers, have become a standard less-lethal weapon carried by many Las Vegas Metropolitan Police Department (LVMPD) officers. These devices use electrical current to temporarily incapacitate a person by causing neuromuscular incapacitation. While considered less dangerous than firearms, stun guns can still cause injury or death in some cases.The LVMPD has specific policies in place regarding when officers can use stun guns. These policies aim to balance public safety with the rights of individuals. As criminal defense lawyers, we believe it’s crucial for Las Vegas residents to understand their rights when it comes to police use of force.

LVMPD Policies on Stun Gun Use

The Las Vegas Metropolitan Police Department has a use of force policy that outlines when officers can deploy various weapons and tactics, including stun guns. Some key points from this policy include:

• Stun guns should only be used against subjects who are actively resisting or exhibiting active aggression
• Officers should give a verbal warning before using a stun gun when feasible
• Stun guns should not be used on passive resisters who are not actively resisting
• Multiple or prolonged stun gun applications should be avoided when possible
• Stun guns should not be used on certain vulnerable populations like pregnant women, elderly individuals, or young children except in extreme circumstances

It’s important to note that these are general guidelines. The specific circumstances of each situation will determine whether stun gun use is justified. As defense attorneys, we carefully examine whether proper procedures were followed in cases involving police use of force.

When Stun Gun Use May Be Authorized

Based on LVMPD policies, there are several situations where officers may be permitted to use stun guns:

1. To prevent harm to officers or others: If a suspect is actively fighting with or attacking officers or bystanders, stun gun use may be authorized to stop the threat.
2. To prevent escape of a violent felon: Officers may use stun guns to prevent a suspect who has committed a violent felony from fleeing arrest.
3. To overcome active resistance: If a suspect is actively and aggressively resisting arrest through physical actions, stun guns may be deployed.
4. To prevent self-harm: In some cases, stun guns may be used to prevent a person from harming themselves, such as someone attempting suicide.
5. To incapacitate an armed suspect: Stun guns may be used to safely disarm a suspect with a weapon who refuses to comply with orders.

The key factor in most of these scenarios is that the suspect must be actively resisting or posing an immediate threat. Passive resistance alone is generally not enough to justify stun gun use under LVMPD policy.

Prohibited Uses of Stun Guns

LVMPD policy also outlines several situations where stun gun use is prohibited or strongly discouraged:

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• On handcuffed prisoners (except in extreme circumstances)
• On individuals in elevated positions where a fall could cause serious injury
• To awaken unconscious or intoxicated individuals
• As a pain compliance tool on passive resisters
• On individuals known to have come into contact with flammable liquids
• To threaten or coerce compliance when use is not otherwise justified

Using a stun gun in any of these prohibited situations could potentially open an officer up to disciplinary action or civil liability. As defense attorneys, we carefully scrutinize whether stun gun deployments followed proper procedures.

Factors Considered in Stun Gun Use

When determining whether stun gun use is appropriate, LVMPD officers are trained to consider several factors:

• Severity of the crime at issue
• Whether the suspect poses an immediate threat
• Whether the suspect is actively resisting or attempting to evade arrest
• Availability of other force options
• Proximity of backup officers
• Environmental factors (e.g. risk of falling)
• Physical factors (size, age, apparent physical capabilities of suspect)

Officers must be able to articulate which specific factors led them to believe stun gun use was necessary and appropriate in a given situation. We often challenge whether proper consideration was given to these factors when defending clients against charges stemming from police encounters.

Training Requirements for Stun Gun Use

LVMPD officers must complete specific training before being authorized to carry and use stun guns on duty. This training typically includes:

• Classroom instruction on department policies
• Practical exercises and scenarios
• Exposure to a stun gun activation (optional)
• Written and practical tests

Officers are also required to recertify on stun gun use annually. Proper training is crucial to ensure stun guns are used appropriately and safely. Lack of proper training or certification could potentially be grounds to challenge stun gun use in court.

Reporting and Review of Stun Gun Incidents

Any time an LVMPD officer deploys a stun gun, it must be thoroughly documented and reviewed. This typically involves:

• Detailed incident report by officer
• Supervisor review of incident
• Downloading and review of stun gun activation data
• Review by Use of Force Review Board for serious incidents

These review procedures help ensure accountability and identify any potential policy violations or training issues. As defense attorneys, we may request these incident reports and reviews as part of our case preparation when challenging police actions.

Legal Standards for Stun Gun Use

While department policies provide guidelines, the legal standard for whether police use of force is justified comes from case law. Some key legal principles related to stun gun use include:

• Use of force must be “objectively reasonable” under the circumstances (Graham v. Connor)
• Officers can use force to overcome resistance to arrest (Muehler v. Mena)
• Degree of force must be proportional to the threat (Headwaters Forest Defense v. County of Humboldt)

Courts will look at the totality of circumstances to determine if stun gun use was legally justified in a particular case. Factors like the severity of the crime, level of resistance, and threat to officers are all considered.

Potential Consequences of Improper Stun Gun Use

When Las Vegas police officers use stun guns improperly or in violation of policy, there can be serious consequences:

• Criminal charges: In extreme cases of clearly excessive force, officers could potentially face criminal assault charges.
• Civil lawsuits: Victims of improper stun gun use may file civil rights lawsuits against officers and the department.
• Disciplinary action: Officers who violate use of force policies may face suspension, demotion, or termination.
• Evidence suppression: Improperly obtained evidence from an unjustified stun gun incident may be thrown out in court.

As defense attorneys, we carefully examine whether proper procedures were followed and explore all potential legal remedies when our clients are subjected to questionable use of force.

Recent Controversies and Policy Changes

The use of stun guns by police has faced increased scrutiny in recent years, leading to policy changes in many departments. Some recent developments related to stun gun use in Las Vegas include:

• Expanded de-escalation training for officers
• Stricter reporting requirements for stun gun incidents
• Pilot program for body-worn cameras to record use of force incidents
• Review of policies on using stun guns on vulnerable populations

We stay up-to-date on the latest policy changes and how they may impact our clients’ cases. Evolving standards around police use of force can create new legal arguments to challenge improper stun gun use.

How We Can Help If You’ve Been Subjected to Stun Gun Use

If you or a loved one has been tased or threatened with a stun gun by Las Vegas police, it’s crucial to speak with an experienced criminal defense attorney as soon as possible. At Spodek Law Group, we have extensive experience challenging improper police use of force.Some ways we may be able to assist you include:

• Thoroughly investigating the incident and gathering all relevant evidence
• Analyzing whether proper procedures and policies were followed
• Identifying any violations of your constitutional rights
• Filing motions to suppress evidence obtained through improper force
• Negotiating with prosecutors to reduce or dismiss charges
• Pursuing civil rights lawsuits for excessive force if warranted

We understand how traumatic and frightening a police encounter involving stun guns can be. Our compassionate attorneys will listen to your story and advise you of all your legal options. With our help, we can work to hold police accountable for improper use of force and protect your rights.

Frequently Asked Questions About Police Stun Gun Use

Here are some common questions we receive about police use of stun guns in Las Vegas:Q: Can police use a stun gun if I’m not resisting arrest?A: Generally no. LVMPD policy states stun guns should only be used on subjects actively resisting or showing active aggression. Passive resistance alone does not justify stun gun use in most cases.Q: Are police required to give a warning before using a stun gun?A: LVMPD policy states officers should give a verbal warning when feasible before using a stun gun. However, this may not always be possible in rapidly evolving situations.Q: Can I file a lawsuit if police use a stun gun on me improperly?A: Potentially yes. If police used excessive force in violation of your constitutional rights, you may have grounds for a civil rights lawsuit. An experienced attorney can evaluate the specifics of your case.Q: What should I do if I’ve been tased by police?A: Seek medical attention if needed, document any injuries, gather witness information if possible, and contact an attorney as soon as you’re able. Do not discuss the incident with police without a lawyer present.Q: Can stun gun use by police result in criminal charges being dismissed?A: In some cases, yes. If a judge determines stun gun use was unjustified and violated your rights, evidence obtained as a result may be suppressed. This could potentially lead to dismissal of charges in some situations.

Contact Spodek Law Group for Help with Police Use of Force Cases

If you’ve been subjected to questionable use of force by Las Vegas police, including improper stun gun use, don’t hesitate to contact the experienced criminal defense team at Spodek Law Group. We have a proven track record of challenging police misconduct and protecting our clients’ rights.Our attorneys will carefully investigate your case, identify any policy violations or constitutional rights infringements, and aggressively pursue all available legal remedies. We have the knowledge and resources to take on even the most complex police misconduct cases.Don’t face the legal system alone after a traumatic police encounter. Call Spodek Law Group today at 212-300-5196 for a free consultation about your case. Let us put our experience to work fighting for your rights and holding police accountable.

Conclusion

The use of stun guns by Las Vegas police is governed by specific department policies as well as constitutional standards for use of force. While stun guns can be an important less-lethal option for officers in some situations, their use must be carefully controlled to prevent abuse.As criminal defense attorneys, we believe it’s crucial for the public to understand when and how police are allowed to use stun guns. If you believe you’ve been subjected to excessive force involving a stun gun, don’t hesitate to seek experienced legal counsel. At Spodek Law Group, we’re committed to protecting the rights of Las Vegas residents and holding law enforcement accountable. Contact us today to discuss your case and explore your legal options.