By Nick Dial

When I went through the police academy, the subject that resonated with me the most was constitutional law, and search and seizure. Recently, California Supreme Court ruled that police do not need a warrant to search the contents of an individual’s cell phone when arrested. The logic stated by the court was that police generally are allowed to search the contents of the individual arrested, and therefore cell phones would be included. In my opinion, this is very short sighted and simplifies a much larger and more complicated issue. Cell phones today are mini computers. They contain massive amounts of private video, pictures, data, and private correspondence among many individuals, not just the owner of the phone. When discussing this issue among others in the law enforcement community, I became troubled at the various arguments I was hearing in support of the recent California Supreme Court ruling. The following are two arguments that were commonly stated.

1.      “If you have nothing to hide, why should a law abiding citizen care if the police look at their cell phone? They should welcome any liberties at the police’s disposal to prevent crime.” This argument goes all the way back to the seventieth century, in fact, Lord Camden, the Chief Justice in England made this famous statement:

“The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole.”

The obvious problem with claiming people should be willing if they have nothing to hide is that it’s a false logic. There are plenty of reasons why an individual may not want their personal belongings looked through. Regardless of those reasons, it should never be assumed by law enforcement that individuals wanting to practice their right to privacy are hiding something. In fact, it’s reasonable that someone may wish to exercise this right based on principle alone. It’s human nature to want privacy and have that privacy respected. For many, having those boundaries respected is what defines us as an individual. Having those boundaries treated as if their trivial and of no importance is not only disrespectful to the citizen, it leaves them with a sense of being devalued by those sworn to protect and uphold the very rights being called into question.  The harsh reality is that police are not infallible, and the first level of protection comes from the citizen and their understanding of their rights. If they wish to allow the police to search, that is their choice, but failing to do so should never be considered an indication of guilt or deception.

2.      “Police already can search bags and wallets incident to arrest. A cell phone is no different. Lack of red tape is a good thing for proactive policing.” It is true that police can search a car or bags and wallets incident to arrest; however these searches are for specific reasons. A bag, car, or wallet may contain a weapon, or contraband such as drugs. Using this to justify the search of electronic files on a phone is flimsy at best.  A phone does not contain a razorblade in a text message, nor does it contain drugs in a text message as well. You can easily make the argument that “search” of the phone should be restricted to physical search, i.e. opening the battery compartment to see if there is a razor blade or drug contraband contained inside the device. However, electronic correspondence itself does not pose a threat to the officer nor does is have the ability to contain an item inside like a folded piece of paper.

One might ask, when would it be reasonable to search a phone’s files?…The 4^th amendment states the following

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The 4^th amendment makes a pretty clear statement that these rights should not be infringed upon without probable cause supported by a warrant attesting to the scope of the search. It has been accepted by the courts however, that the police are permitted to search contents incident to arrest, one major reason being officer safety. However if someone is pulled over and arrested for a DUI, would it be reasonable to search this person’s cell phone and files? For what purpose would this search take place?  What relevance to the DUI would messages between various people have in this setting?  Recently, a person wrote in to a site asking for legal advice concerning an incident that took place after they were arrested on allegations of possession of stolen property. They wrote the following:

“I was arrested for possession of stolen property (Which I had receipts for). While in the back seat of the police car the 8 cops past my phone and camera around looking at nude pics of my wife. When I commented to one of the officers that was our personal property and I did not want them looking at the pic, he laughed and said we will look at whatever we want. When I got out of jail I checked my Verizon online account and there were text picture/slide show sent to personal phones while I was arrested. When I filed a report the officer told me I shouldn’t have had them on my phone I know this is not right but is it illegal?”

This is a perfect example of why restraints such as warrants are put in effect in the first place. It is to protect overreaching by the government and those in positions of authority. It also serves as a safe guard of checks and balances in keeping investigations honest, clean, and solid. The fruits of a spoiled tree will undermine a case every time and warrants help prevent this from happening. While I personally feel this example does not represent the law enforcement community as a whole, and most police officers are much more professional then this, the fact remains that the very threat of this intrusion is real, and is never acceptable under any circumstances. Was the search of his phone justified? If so, a warrant from a judge could have been easily obtained telephonically with probable cause. If there was no legitimate reason, the embarrassment experienced by him, and his wife could have been prevented and their privacy protected. As police officers, we make a commitment to uphold the constitution, and protect the civil liberties of the citizen. If the individual officer expects their civil liberties to be upheld, then they too must strive at all cost to uphold the civil liberties of others. These citizens empower us with great privilege. They are entrusting us with the authority to make ethical and just decisions on their behalf. We are servants of the people, and we must always strive to protect the civil liberties of the individual. This is the only way to ensure the integrity of our justice system. The roots behind the 4^th amendment stem to writs of assistance that were provided by the English Parliament during Colonial America. They consisted of overreaching search warrants that lacked specificity and were extremely vague. This led to unjust search and seizure in the colonies, causing much contempt for the powers that be and distrust between society and law enforcement. When the justification behind what the police do in terms of search and seizure is diminished, so too will the relationship between law enforcement and the communities in which they serve. History should be noted as a stark reminder of this, and not go unnoticed.

References

http://articles.cnn.com/2011-09-20/tech/tech_mobile_california-phone-search-law_1_cell-search-warrant-new-law?_s=PM:TECH

http://www.revolutionary-war-and-beyond.com/4th-amendment.html

By Nick Dial

“The purpose of this story is to share with others, especially my fellow disabled officers, that there are others out there. When faced with a debilitating challenge, one that brings your career to a halt, it can be devastating. I am here to say I am among those who have experienced it as well, and you are not alone.”-Nick Dial

I graduated the police academy in January of 2006. It had been a live in academy, requiring that you stay five days a week with your weekends off. I was a newlywed and faced the challenges of being away from my new wife for eighteen weeks five days a week. This however was worth the sacrifice, I had been ecstatic when I found I had been selected for hire by a local Sheriff’s Office as a Deputy, and my wife had nothing but support for my career to be.

I excelled in the academy, graduating with a 4.0 GPA. I was proud and determined to do well as a police officer and felt strongly about helping others in need. I knew I was not going to become rich by any means from this job, but that was ok. I had a strong desire to be able to look back at my life and feel I made a difference for the better. I had always had strong feelings about protecting those in need, and regardless of the dangers involved, being able to help those in my community was a huge reward that money could never replace. Handing an abused child a teddy bear after responding to a domestic violence call and being there to help them in their time of need is an experience in itself that can never be measured in financial terms. This is why we do this job, and it begins to define who we are as individuals. If there was ever a quote that defined the ambition of a police officer, for me it’s “The only thing necessary for the triumph of evil is for good men to do nothing”. -Edmund Burke. The first time I heard this quote I was inspired, once it’s in your blood, you are never the same. Just like the athlete has an internal driving force to exercise and compete, the officer has that internal force that pushes them to want to help. If there is a cry for help in the middle of the night, we want to be there.

I later transferred to a city municipality.  At the age of 24 my wife was pregnant, and I was a father to be. We had just purchased our first home within the city and things couldn’t have been more perfect. I was a five minutes’ drive from the station, and would not have to worry about a long commute home after pulling a fourteen hour shift on graveyard. I loved my new department, it was smaller than I was used too, but it had somewhat of a family feel that was very appealing to me. The sergeants were attentive and it showed how they really cared for their officers on the road. Soon after working there, they held a training class for officers to get qualified on use and carry of the TASER. We sat down, watched the video, and were encouraged to take a TASER deployment to experience the effects of the device. While I was not jumping for joy to be zapped by 50,000 volts, I surely did not want to be viewed as a sissy! Besides, I was young and invincible…right? I had an officer on each side of me to ensure I didn’t fall. They hooked the device up to my back and let it fly. All I can say was WOW! I felt like I had been folded in half and stuffed under the bed. When the ordeal ended, it was clear things were not right. My back was in horrible pain, and was throbbing as if I was being attacked by a jack hammer. My Lt. noticed I wasn’t recovering like the others had, and asked if I was ok. Of course, I said I was. I was not going to give away that I was hurt, I’m a tough guy remember?

The next morning was not so great. I had been up all night in excoriating pain. I ended up sleeping at an odd angle in a lazy boy reclining chair to take pressure off from my back. I got about 3 hours sleep, woke up and got ready for work. When I came to work, I had mentioned to my sergeant nonchalantly how I was hurting from the TASER deployment. He told me I should immediately get it looked at. I was quite surprised at how concerned he seemed, but I did as he said and went in to get it checked out. Turns out I had a severe back stain to the thoracic spine region. Due to the fact I did not want to miss work, especially as a new officer at this department, I continued on working and decided to deal with the pain.

It was about six weeks after my injury that I began to notice strange symptoms coming on. I would have the occasional spouts of dizziness accompanied by a brief shortness of breath. I shook it off and kept working as if nothing happened. Finally, one night while toward the end of my shift, I responded to a domestic violence call as a backup officer. While at the scene, I was standing outside when everything began to spin. I became dizzy, shaky, and was terrified as to what was going on. Never before had I experienced such a sensation and total loss of sensory input. I managed to clear the call, get off duty and went home. When I arrived home, my wife could tell something was wrong. With my symptoms failing to reside, she drove me to the emergency room to be seen. This is where my Journey as a disabled officer truly began.

I laid there in the hospital bed with anticipation as to what was going on with me. When the doctor finally came in, he stated everything looked fine and could find nothing wrong. I sat there both puzzled and amazed that symptoms so strong and terrifying could not be explained. I left the hospital in sour disappointment and headed home confused and rattled by my experience. The next day, things did not get better as I had expected. I woke up feeling fatigued, cloudy, and vulnerable. I felt as if I was in a dream, and everything around me was foggy and surreal. I thought perhaps I should go for a walk. I walked out the front door and attempted to go get the mail. I made it about twenty feet before I was stopped dead in my tracks. My surroundings were unstable, foggy, and left me with a feeling of being disoriented. I turned around to head back into the house, but fell to my knees as I made my way back in. Here I was, a young 25 years old police officer, in great shape, and I was crawling to get into my house! It was clear something was seriously wrong, and my quest to find an answer began. I went to my doctor who ordered everything from EKG’s, EEG’s, CT’s of the brain, heart, lungs, etc. They could find nothing clearly wrong. I became more discouraged and frustrated by the lack of information. If there was nothing wrong, why am I feeling this way? Soon after came the “it’s all in your head” mantra. Apparently many times when some doctors draw a blank as to what is happening, this becomes a popular thing to say. Of course, I knew better than this, and continued my search for answers.

This whole ordeal began to weigh heavily on my job performance and relationships at work. I began to miss a lot of work as a result, and it was affecting my popularity at work. The other officers began to view me in a negative light. They knew I had claimed I was having health issues, but they didn’t understand the extent of it or how it was affecting me. One reason for the frustration was due to the fact that we were short staffed. When I had to go home due to my condition, or was unable to make it into work, this meant that others on my squad had to pick up the slack and make up for the calls of service I would not be there to take. This resulted in an increased work load for the rest. I understood this and did not take lightly the fact I was putting a burden on my squad. This greatly affected my self-esteem along with my sense of self-worth to the department. I had been doing well and excelled while in Field Training. Now I was letting my colleagues and command staff down, and there was nothing I could do about it. If there is one thing an officer cannot stand, its loss of control and the ability to fix the situation. Here I was, trying to live up what was expected of me, and there was nothing I could do about it. My body had enacted a mutiny on my spirit, and no matter how bad I wanted to operate the ship, the crew refused. In spirit, I wanted nothing more than to go back to work and provide for my squad, department, and family. However, without my body’s cooperation, I was running on borrowed time and this reality became clearer with every passing day. I continued to push myself to get by day after day, but the more I pushed, the more I began to slip. The brain fog caused me to become forgetful. At times I would forget to turn in a report, or forget to complete a task requested by my sergeant. I had always been a happy upbeat guy, always joking around and laughing with those around me. Soon I became quiet and inverted. My sergeant asked if things were ok, he had noticed that I was not myself, and showed concern. I told him I was fine; however I was far from it. In fact, I was waging a war within myself, and it appeared I was losing.

As time went on battling this condition, I began to battle with my reputation as well. Soon, some officers at the department began to doubt me as an officer and my ability. Despite the fact I was able to maintain good patrol stats for my days on shift, I began to hear rumors that some felt I was putting up a front and faking my condition. I was devastated when hearing this. I had moved here with my wife, bought a home, and had planned to be here for the long haul. With my wife 8 months pregnant and ready to bear our child at any time, why would I risk everything, including my home? However, when faced with added pressures, people don’t often concern themselves with such logic. All they knew is that when I was not on shift that meant more work for them. To be honest, I don’t blame them for feeling this way. I understand the stresses that come with working extra calls and hours, and it can wear a person’s patience thin. What struck me at the heart however, was the cold front I received from some I perceived as being “friends”. Many I had enjoyed being around, and thought of as friends were nowhere to be found. It felt as if they had written me off, and that sense of abandonment caused me more distress than this health problem ever could. I was even told that one officer I worked with stated he would not speak to me until I “earned his respect back”. Apparently becoming ill was enough to fall out of grace with some around me. This caused even more anxiety for me. On the outside I looked healthy enough, but on the inside I was falling apart and in agony. The command staff was very understanding, and my sergeants went out of their way to help in any way they could, however this provided little comfort when I knew some of the fellow patrol officers thought low of me. I found myself slipping into a depression. I was struggling to keep up at work, I had no answers as to why this was happening, and the future of my ability to provide for my family was uncertain. What was I going to do?

On March 28^th2007, I became the proud father of a perfect little girl. For the first time in my life I experienced the amazing emotions of parenthood. The delivery of my child had conveniently called me away distracting me from my personal struggle at work, but it had been short lived. The very next day, while lying next to my wife and daughter in the hospital, my cell phone rang. It was my sergeant and he stated that they were short on manpower and really needed me to come back to work as soon as possible. He asked if he could count on me. Of course, I wanted to live up to his expectations and that of my squad, so I told him I would be there. Rather than take any maternity leave, I returned to work to help my already strained squad. I continued to work battling my health as well as the streets. Soon however, it became apparent that this may not be a safe or smart thing to do. After it appeared my symptoms became worse after eating certain things, I went to see endocrinologists. They ran labs and found that my hormone panel was severely out of harmony. My Cortisol was low, my adrenal glands were sluggish, my blood sugars were erratic, and my testosterone was low. After finding this out, I spoke with many specialists concerning this, and they were baffled as to why a young man in my shape would be suffering from severe hormone imbalances. Many of them asked if I had experienced any major trauma before my onset of symptoms. I explained that I had been subjected to TASER training which did result in a back injury. After hearing this, many doctors felt I was suffering from what is known as a hypothalamus-pituitary-adrenal-axis deficiency, as well as an autoimmune disease, including fibromyalgia and chronic Epstein Barr.  They explained that when I was hit with the TASER, it may have triggered this onset of issues which manifested. They explained that just like a traumatic event to the body can cause the onset of an autoimmune disease such as diabetes, the injury I sustained and shock to the nervous from the TASER was no different. Everybody’s physiological make up differs, so the effects on the body can be tricky, especially when electricity is involved.   The TASER and any perceived negativity surrounding it for many in law enforcement is taboo. There seems to be a sense of obligation to defend the device no matter what the circumstances may be. I was even ridiculed by fellow officers about sustaining an injury even though they themselves had never taken a full hit from a TASER. I personally have met officers hurt in training by this device. One was only 25 years old when he suffered three fractured vertebras in his neck as a result from TASER training, officially ending his career.  While I think it’s a useful tool and plays an important role, I do understand the fact that like many other less lethal devices, there are risks involved, many times, these risks are unknown. I have learned this the hard way. While many may want to argue this, all I can say is, take it up with the doctors who make this diagnosis and many other officers who have become disabled due to a TASER related injury.

I was informed by my doctor that the low cortisol was a concern because it regulates many things in the body such as shock and inflammation. I asked what would happen if I was hurt at work, i.e. shot. She stated it would not be good, and my body could fall into a status of shock, resulting in death due to the inability to compensate with adequate amounts of cortisol. This raised some serious questions in my mind on what I should do about my job.

While ending my shift one morning I was dispatched to a call of an unresponsive man in a vehicle. After arriving on scene, it had become apparent that the man was deceased and most likely had been since the night before. After securing the scene I returned to the station. I was getting ready to debrief the morning shift and went into dispatch to retrieve the logs. I began to feel dizzy as if I were going to pass out. The dispatcher looked at me and said I was pale and did not look well. I walked down the hall only to stop short and ask my sergeant to call emergency medical services. Ten minutes later, I found myself in front of the morning shift sitting in a chair, no shirt, hooked up to an EKG, and getting the full triage by EMS. While it was silly to feel such a way, I couldn’t help but feel embarrassed. I felt weak, vulnerable, and all of this was in plain view for my colleagues to witness.  While overall I appeared to be ok, they said my blood pressure was very high and should get to a doctor. Later, after some testing, my BP appeared to be fine, and chronic high BP was not a concern, just simply another incident of terror with little insight as to why or how to fix the problem.

A few weeks later I was dispatched to a domestic violence call. While there I began to become dizzy, shaky, and thought I was going to black out. It had become clear to me that no matter how bad I wanted to keep working, no matter how bad I wanted to prove myself, my body was finished. It had let me down, and no longer was willing to humor me in my continued pursuit of redemption to myself or my department. The war I had been waging was coming to end, and I had to accept the fact I would need to sign papers of surrender. I thought long and hard about this decision. What would I do? How would I provide for my family? However, it was the bigger questions that made those first questions irrelevant. Could I live with myself if a fellow officer was hurt or killed? What good at all would I be to my department or my family if I were killed? Being a street cop requires you to be on the ball. You have to be ready for anything, and if you are battling a health condition that detracts away from your ability to perform, you not only put yourself at risk, you put those around you and the public at risk as well. Finally, I concluded for me to continue to push the issue was reckless and selfish; I went to my Lt. and explained my dilemma.  He understood my feelings and listened well. He encouraged me to stick it out and stated they would like for me to stay, but I knew I had to focus on myself and get my health squared away if I were ever going to continue my career. We shook hands, parted as friends, and I began the long walk down the hall as a medically resigned officer.

There was some relief in the fact that I no longer had to worry about letting down my squad, however what I wasn’t prepared for was the emotional impact of no longer being able to work. I was so sick with erratic symptoms, I could not even have a light normal job due to the fact I was simply unreliable. Many times throughout the day I would have to lie down and wait for my flare up of symptoms to pass. It would stop me cold in my tracks and leave me waiting for relief to come. While this was hard in of itself, being ripped from my career was even more painful. I would lie awake at night, thinking about calls I was missing and wishing more than ever to be able to put on my uniform and go back to work. I began to miss everything about my job. It had become such a cornerstone of whom I was that I felt as if there was a huge hole in me, and everything that went missing with that hole was effecting me severely. If this is who I am, who am I now? I am a protector, what does a protector do with no one to protect? This caused me to slip into a great loss of identity. I became very depressed, and the happy person I had been before was not looking back at me in the mirror. Instead, I saw a man who was lost and had more questions than answers. When I became ill, I lost 30 pounds in three months along with my muscle mass. I could not even fit into my uniform properly without excess material. I tried compensating by doing reserve duty, but this ultimately proved to be futile. I could not even muster the strength to get my required sixteen hours a month of patrol time in. With my wife being a stay at home mom, and myself as the bread winner of the family, I could not even provide for my own household anymore. Our new home was going to be lost to foreclosure, and there was nothing I could do to fix the situation. For someone who was use to going to work and fixing problems, I was again assaulted by the reality this was something I could not fix. This caused rocky waves in our marriage and we really had to pull together as a couple to make it through. Eventually my wife had to step up as the primary income earner for the household while I took on the role of homemaker. That in itself was a heavy psychological blow to my self-esteem and sense of self-worth.

One of the hardest parts for me to deal with was the loss of friendships. I always tried to maintain a healthy balance between my law enforcement friends and non-law enforcement friends. Sometimes officers have a tendency to surround themselves with only that of friends in law enforcement, or they lose touch with their old friends when they get into this career. While you work, it’s normal to have good working relationships and friendships with those at your agency. In fact, you could even say at times these friendships are taken for granted. While working, I enjoyed a good relationship with many at the department, but as my health declined, so did the connection between my colleagues. I went from feeling like one of the guys to feeling like a cast out. Going from socially accepted to loner is a hard thing to deal with, and I felt feelings of anxiety I hadn’t dealt with since junior high school.  I was in with the “click” so to speak, and now I felt isolated and shut out. The phone stopped ringing, the texts messages trickled to a halt, and eventually any reminder of the fact I served as an officer was limited by my memories and the unused uniform in the closet collecting dust. At times I have reached out, called, or texted to see how old colleagues have been. The few special ones I still hear from. The majority sadly faded away along with my health. Eventually, I was forced to get on disability and have been fighting my poor health for five years and counting. The big question for officers who experience this through a disability resulting from ill health or injury is what comes next? What does one do to make tomorrow the day to look forward to rather than relive the days of the past before you were disabled?

For me, the key has come down to family and keeping busy. Remember that family is number one. Without my wife there by my side when I hit my downward spiral, I would have been flying blind and may have ended up in an even darker place. Don’t be afraid to ask for help when you need it, there is no shame in wanting to talk. I have spoken to other disabled officers, and the fact there are others just like us who have gone through the exact same roller coaster of emotions is important. You’re not weak, nor are you a machine. You are human and we must remember to allow ourselves to listen to the emotional side of us from time to time. When you work as an officer, you are subjected to horrific things, and see things that many will never experience in a life time. You become all too good at shutting down that natural emotional response one gets to stress, horror and tragedy. You learn to push emotions to the back burner and lock it away for another day. When you deal with a stressful scene, an officer must be able to be the calm one that functions while everyone else loses their cool. If you lose your calm along with everyone else, then you are no good to anyone and the situation will not get resolved. Remember to continue to challenge yourself. Many of us who went into law enforcement did so setting the bar of achievement high for ourselves; it takes a lot to become an officer and is earned through hard work and dedication. Take that work ethic and apply it to other aspects of your life. I did so by touching up on things I had not done for a long time. I started to paint again and wrote a children’s book titled a “Full Moons Night”. It can be found today for sale on Amazon.com. When I became an officer I had no college degree. I realized that this is something I would have liked to have done, but the hours I was working along with having a family made it difficult. When I became ill, I decided I would not sit idly by and do nothing. I may have fallen victim to a health condition, but this did not mean I had to be a victim! I decided to go to school and earn my degree. Today I am wrapping up a Bachelor of Science degree in Homeland Security and Counter Terrorism. While applying myself, using the discipline that the police force taught me, and working when I felt well enough to get my work done, I have managed a 3.98 GPA and have enjoyed the honor of being inducted into four separate honor societies. I also learned that I enjoy writing, which resulted in the creation of the websitewww.circlethewagons.net. Here, I enjoy writing articles on many topics I take an interest in, which helps keep me busy when things are slow.  I have a beautiful wife who enjoys the fact I am alive and home, and wonderful little girl who loves her daddy. While I may never be able to get well enough to go back to patrol, which I love with all my heart, I can still take the essence of what makes a good officer, apply this, adapt, and overcome. Take what you have learned and run with it. Perhaps you can take your knowledge and educate others who are going where you have been. Educating others or even cadets who are going to the streets is always a worthy cause.

In conclusion, I was faced with some hard decisions. I pictured serving out my career for the long haul, but life can be a funny thing. We must play the cards we are dealt and most importantly, never give up. Remember back to your defensive tactics training, you are never dead. It is not over until it’s over, and becoming disabled is no different. You may be down but you’re not out. Fight back, pick yourself up and come back stronger than before. It’s easy to let the macho alpha ego get in the way of reaching out, but it’s important to remind ourselves we are human! This is why we became police officers in the first place is it not? Did we not answer the call to that human emotion to want to help others in need? I’m not saying you won’t miss the job, I’m only saying we must change our focus. I would be a liar if I told you I still don’t long to put on my uniform and climb into a patrol car. I miss it every day of my life, and even more so I miss the comradery I had with my fellow officers. What I am saying, is that you are still relevant, you are still an asset to the community, and your impact on the world is not over. I realized from my ordeal that there was not much out there recognizing the officer who becomes disabled and feels forgotten. If you are reading this and you know a disabled officer, reach out to them. If you are an officer or part of a department reading this, reach out to the disabled cops in your community, see how they are doing. If you are reading this and are a disabled officer, I wrote this story for you. I am here; others like me are here, and you are not alone.

I graduated from the police academy in 2006, and worked both as a deputy for a sheriff’s office and police officer for a municipal city. I was trained in the use of a TASER and carried one on duty. I never deployed it while on patrol, but have had a fair amount of exposure to the device and the implications surrounding it.

The TASER has been an issue of increased debate and the more this device is being implemented into mainstream society,  more negative effects regarding its use are being reported. This topic is often one filled with emotion and fear among officers. The more controversial the TASER becomes, the more there is fear of losing it as a tool. This anxiety is reasonable and understandable, but that doesn’t take way from the fact there are serious issues that should be addressed surrounding this device and its use in the field. Regardless of one’s feelings on the TASER, there is one remaining consistency – people are sustaining injuries and death after its use. This of course is no different than when regular tactics used by the police not involving the TASER are implimented. After all, some people do get hurt and some die  by the police as well. The key points to remember, however, is how these people are being injured or killed, and in what context this takes place.

Context matters, and when people are physically hurt or killed by  police in situations where a TASER was not used or present, the individuals most likely arrived at that point by behaving in a  disruptive or dangerous manner. The problem that is taking place more frequently with the TASER, is that people are being subjected to this device much too early. Before this is discussed further, one must understand the use of force continuum, what it is, and how it is applied.

Use of force continuum: The use of force continuum is a system used by law enforcement to calculate the appropriate use of force in any given situation. Generally speaking, the rule of thumb is that the suspect, not the officer, is in charge of how high the use of force continuum advances. If the suspect continues to rise in hostility, the officer must raise the force to counter the actions of the suspect. Some use of force policies may differ between departments, and from state to state in small detail, but generally speaking, most use of force continuum polices are the same. These policies are as follows:

• Officer presence
• Verbal commands
• Soft hands (control tactics/wrist locks/OC spray)
• Hard hands (strike points/impact weapons)
• Lethal force (firearm/strike points to vital areas)

For  a clear understanding of this policy, reference the use of  the following force continuum chart.

The reason the TASER has become so controversial is because it is often being used in situations where the TASER was unnecessary. If the TASER were only being used in situations where the only other option was hard techniques or lethal force, there wouldn’t be such a public outcry. In my opinion the majority of police officers show sound judgment and use good common sense,  however there appears to be an increase where people are being exposed to the TASER on very low levels  of force continuum. Many people think the TASER was designed to be a replacement to lethal force. This is false. What the TASER does  do, is allow the officer  options in which to neutralize a situation more safely and efficiently. If there is a situation where the life of the officer or another is in danger, you do not want an officer reaching for the TASER when they should be reaching for their firearm. The reason for this is because the TASER does not always deploy successfully, and this could result in the officer or a third party severely hurt or killed as a result.

The correct location for the TASER should be placed on level four under hard techniques. If an officer reaches a point where techniques such as hard strikes and impact weapons such as the baton must be utilized, this is an appropriate situation to deploy the TASER. An officer has many tools that can be used against them in a physical struggle, such as their  firearm. Many officers have been shot with their own weapon, therefore, when faced with a combative suspect, the TASER is a reasonable tool for such an application. Unfortunately, an increasing number of officers will use officer presence, verbal commands, and then TASER. This is where the true controversies set in because either it is used prematurely, or as a compliance tool - both of which is inappropriate application of the device.

A good example of misappropriation of the TASER is the “don’t tase me bro” incident that took place at a John Kerry Speech. The officers had the suspect detained and on the ground. The officer threatened use of the TASER if he kept moving (compliance). The suspect then cried out, “Don’t TASE me.” At this point the TASER had done its job. It had intimidated the suspect into submission and there was no threat. The officer used the TASER anyway. This, in my opinion, was nothing more than grand- standing for the audience. There was no need  for deployment of the TASER, even if it were only a drive stung (deployment without the cartridge).

Another example is that of a 14 year old girl. She was attempting to run from a police chief in New Mexico when he shot her from behind with the TASER. One of the barbs hit her in the head, penetrating her skull. “The girl slowed down, but became scared after Hatcher yelled at her to stop and threatened force with the taser. She started to run again. “Hatcher said he attempted to catch up to the girl by foot  but was unable to do so and believes he had no choice but to fire a Taser dart to stop her” (14 year old girl shot in head with taser. 2009). This could have been potentially fatal, and had the officer realized the potential harm the TASER was capable of, he most likely would have not deployed the TASER in the first place.

Another example of misuse is that of Kathryn Winkfein. Kathryn was a 72 year old great -grandmother who was stopped for doing 65 mph in a 45 mph zone. According to MSMBC,” Sgt. Maj. Gary Griffin of the Travis County, Texas, Constable’s Office told NBC News that Bieze acted appropriately.“He mitigated this event safely, effectively and efficiently. Nobody sustained any injury,” Griffin said. (Celizic, M., 2009).  Even if a 72 year old woman in not cooperating ,how can it ever be argued that it’s ok to TASER a woman that is 72 years old? If a male officer cannot effectively subdue women at the age of 72, perhaps they should question their abilities as a law enforcement officer in the first place. A baton would have been out of the question, but lighting her up with 50,000 volts is acceptable? As you watch the video, you will see that the officer is in perfect position to use control techniques. He has one of her hands already detained as she jerks away. In the academy, they teach methods that are easily and effectively used in this situation to detain someone without harming them. This officer doesn’t even make an attempt to go hands on with control techniques, instead, he pushes her away and immediately resorts to the TASER.   There is a serious lack of judgment and logic in this scenario. I hate to be critical of fellow officers, but criticism should  be applied where criticism is due. Other wise there is no way to learn and adapt to such situations.

There are an increasing number of deaths per year following TASER deployments, and as the years continue to go by, so do the number of injuries and deaths associated with this device. Does this mean the device should be removed from law enforcement? No, I believe this would be ill advised and leave the police without a very useful tool in dangerous situations.  What it does mean, is that the TASER must be respected as a serious tool that can cause harm, or even in some cases, kill. Therefore, it should be deployed tactfully in appropriate situations. Using the TASER as a compliance tool is simply bone – headed and dangerous to the general public. Police officers are there to protect the public from harm. Using a device without knowing or understanding the possible consequences can be serious, and the public should not serve as a test bed for this device. If an officer realized that this device could kill, they would most certainly be more careful to ONLY deploy it when necessary - not because a suspect is passively resistant. Passively resistant is when a suspect is  verbally defiant, or may not co-operate with an order, i.e. pulling away or shrugging as an officer grabs them, or failing to complete the officer’s verbal demands. A perfect example of a Taser deployment during a passively resistant suspect can be seen by clicking here. An officer receives complaints of a man loitering, the officer responds and arrives on scene. although it can’t be heard, the officer is shouting verbal commands to the man. At this point, the man has his hands up, but refuses to comply to any other orders, this is now passive resistance. The man has not showed any physical sign of threat nor has he squared off in a combative stance. The officer then deploys the TASER. After deployment, you hear an upset patron come out of the business stating  he knows the man, and that he is mentally ill.

With the many cases of misuse, one must ask, why? The answer may be simple….training. TASER International is the one providing the alleged non biased data along with training criteria to the various police departments on the proper use and safety of the TASER. For a long time TASER International took the position that their device is completely safe and could not cause cardiac arrest.  This has recently changed. In October of 2009, TASER International released a document instructing officers not to aim at the chest. This of course caused controversy. In the past, coroner reports have ruled  cause of death to be from the TASER. TASER  International responded by filing a lawsuit against the coroner’s office demanding the report be changed as to its findings. As a result, doctors spoke out against TASER, stating these were unethical strong- arm tactics of corporate intimidation. Infowars.com states the following:

“Doctors have condemned as corporate “intimidation” a court decision ordering a chief medical examiner to remove any reference to the use of a taser as an antecedent in the deaths of three men.

Ohio examiner Dr. Lisa Kohler had noted in her autopsy reports that electrical shocks from Tasers were partially to blame for the deaths of individuals in three separate confrontations with police.

Taser International, now notorious for its stern legal defense having won 68 out of 68 lawsuits, filed and won a civil suit, forcing Kohler to delete all mentions of the weapons and to term the deaths “accidental”

Jeffrey Jentzen, president of the National Association of Medical Examiners, an organization that represents the majority of medical examiners in the United States, has warned that the actions of Taser International and the court ruling have set a dangerous precedent:

“Our membership is very concerned about these cases and the reaction of Taser to these cases,” he said last night.

“Our membership is looking into the area and although Taser has developed its own opinion, there are certainly opposing opinions as to their involvement in causing sudden death in individuals.

“Our organization feels that it violates the physician’s ability to make a medical decision. Ordering a professional physician to change or alter their records is in violation of their right to practice medicine.

“Taser has sued a number of medical examiners for making informed medical opinions in an attempt, I think, to both protect their product and send a threatening message to medical examiners.

“It is dangerously close to intimidation,” he said. “They are attempting to send a message to medical examiners that if they elect to make that determination they may face a civil suit.” (Watson, S, 2008).

Now, in 2009, TASER International has flipped  their position.  According to the Arizona Republic, “The maker of Taser stun guns is advising police officers to avoid shooting suspects in the chest with the 50,000-volt weapon, saying that it could pose an extremely low risk of an “adverse cardiac event.”

The advisory, issued in an Oct. 12 training bulletin, is the first time that Taser International has suggested there is any risk of a cardiac arrest related to the discharge of its stun gun.

But Taser officials said Tuesday that the bulletin does not state that Tasers can cause cardiac arrest. They said the advisory means only that law-enforcement agencies can avoid controversy over the subject if their officers aim at areas other than the chest. (Anglen, R, 2009).

As the above states, “Taser officials said Tuesday that the bulletin does not state that Tasers can cause cardiac arrest”. This is completely false. The following is taken from the training bulletin released by TASER International, “while it may not be possible to say that an ECD could never affect the heart under any circumstances, the risk of VF is extremely rare and would be rounded to near zero” (Taser training bulletin, 2009).

In a media interview, a spokesman states, “No where did they say the Taser could cause cardiac arrest”, and here as you can see, the bulletin clearly states it can happen, even though TASER claims the chances are low. Low or not, they are still stating it can happen. The hypocrisy, however, does not stop there. The bulletin also states the following:

“Should Sudden Cardiac Arrest occur in an arrest situation involving a TASER® electronic control device (ECD) discharge to the chest area – plaintiff attorneys will likely file an excessive use of force claim against the law enforcement agency and officer and try to allege that the TASER ECD played a role in the arrest related death by causing ventricular fibrillation (VF), an arrhythmia that can be fatal without intervention. The available research does not support this” (Taser training bulletin, 2009).

TASER states in their bulletin that “the available research does not support this”. This is another complete false statement and misleading. There have been numerous studies done with TASERS, and experts have come forward warning of the possible dangers of TASER and cardiac arrest. CBC News reported in 2008, a team of doctors and scientists at the trauma center at Cook County Hospital conducted tests on pigs with the TASER device. The results were shocking – literally.

“The team of doctors and scientists at the trauma centre in Chicago’s Cook County Hospital stunned 11 pigs with Taser guns in 2006, hitting their chests with 40-second jolts of electricity, pausing for 10 to 15 seconds, then hitting them for 40 more seconds.

When the jolts ended, every animal was left with heart rhythm problems, the researchers said. Two of the animals died from cardiac arrest, one three minutes after receiving a shock” (Chicago study calls taser safety claims into question, 2008).

Police officers need to be aware of the dangers says the experts,

“Dr. Andrew Dennis, a Chicago-based trauma surgeon and police officer who worked on the study, said if Tasers can affect pigs, more research needs to be done to study how safe the stun guns are. In the meantime, police should question when, and on whom, they use the devices, he said.

“The officers need to question themselves and ask themselves, ‘Is this the appropriate situation for this device?’ “Dennis said. “They need to have the understanding that this is not a truly benign device” (Chicago study calls taser safety claims into question, 2008).

TASER International hit back with the following statement:

“Rick Smith, the CEO of Taser International and company co-founder, doesn’t think much can be concluded from the Chicago study because it focused on pigs that weigh less than 100 pounds and have a very different physiology from humans.

Smith said studies done on humans have shown Tasers don’t pose a serious health threat.

“The human studies are clearly much more relevant to policy-makers, and to people that are interested in the science of how Tasers affect people,” he said” (Chicago study calls taser safety claims into question, 2008).

Again, however, there appears to be more inconsistencies on the side of TASER International. As CBC News correctly points out, “pig studies have been used as evidence in arguments for and against stun guns in the past. Even the Taser International website points to studies on pigs in which the outcomes suggest the stun guns aren’t a serious safety risk” ” (Chicago study calls taser safety claims into question, 2008).

Based on the above report, TASER International is promoting testing with pigs when it’s in their favor, and dismissing it when it is not. This is in my opinion is very concerning. They say no research is available to support the dangers of cardiac arrest, yet we have a study they commented on and attempted to refute. They say that pig studies are not creditable,  yet they promote it when it’s in their favor with the findings. How can a police officer confidently use such a device in a real world setting when the very manufacturer continues to shift its position on what the device is,or is not capable of? Perhaps the real problem is that if TASER were to admit to such an issue, millions of dollars would be at risk. There have been many lawsuits against Taser International, many of which are actually police officers who were hurt during training.  A study in 2006 found that many of the devices on the street were more powerful then TASER International claimed they were capable of.

“A study measuring electric shocks from a Taser stun gun found that it was 39 times more powerful than the manufacturer claimed, raising new questions about the weapon’s safety.
The study, published last month in the peer-reviewed Journal of the National Academy of Forensic Engineers, concluded that the shocks are powerful enough to cause fatal heart rhythms. It is one of the few scientific studies of Taser’s electric jolt in which the company did not participate.

“The findings show the energy delivered by the weapon to be considerably understated by the manufacturer,” the Journal study said. “These findings place the weapon well into the lethal category” (Study raises concern over Taser’s safety, 2006). Canada removed many Tasers from use on the street as a result of finding Tasers that were emitting too much power.

In 2007, Pamela Schrieiner, a former employee of TASER International, testified in an affidavit about her experience while working at TASER. Pamela stated in 2004 she was hired as an executive legal assistant for the executive team at TASER International. She states “I reported to Doug Klint, corporate counsel, rick Smith, CEO, and Tom Smith, the company’s president.” Pamela states she was assigned to organize a large number of volunteer exposure reports that were located in boxes scattered throughout the offices. Volunteer reports are documents filled out by police officers exposed to the effects of the TASER. Pamela states “while creating the spreadsheet, I became aware that there were hundreds, if not thousands, of injuries noted on the volunteer exposure reports”. According to Pamela, Doug Klint and Rick Smith became very upset at this. The company was under investigation by the Security and Exchange Commission, and the Department of Justice concerning the safety of TASERS. Pamela states” Mr Klint and Mr. Smith told me to remove the data from the spread sheets for most of the injuries which I had entered. They then shredded most of the reports showing injuries, bringing in dumpsters to dispose of the paper. Many of the destroyed documents contained reports of injuries to the back”.

Pamela states that in late 2004 there was a meeting held about information being leaked to the media. TASER had hired some off duty police officers to investigate the issue. Pamela states she was accused of leaking information by the officers, and even though she claimed her innocence, she was forced to resign. Pamela says since leaving TASER International, she has been threatened by people hired by TASER. She states that people she has never met would come up to her in the grocery store, and tell her “it’s not a good idea testify against TASER”. Pamela ends her testimony by stating the following:

“Rick Smith, Tom Smith, and Doug Smith are responsible for hiding and covering up information on the extent of injuries to officers during TASER trainings. I know this because I was instructed to alter the spreadsheets and saw them destroy documents. Doug Klint told me that the lawsuits against TASER would go away because there would be no documents to prove that TASER knew that injuries were happening”.

Pamela is set to testify on behalf of a case involving a Georgia State Trooper. According to RMCP watch.com, the following has taken place:

“Ms. Johnson, the lawyer representing the Georgia state trooper, filed an emergency motion for a protective order from the court regarding the expected deposition of Ms. Schreiner. The woman did not wish to testify in the Phoenix area, “due to the previous threats and harassment by members of the law enforcement community in the Phoenix area on Taser’s payroll,” the motion says.

Since then, Taser has been asking numerous “intrusive and harassing questions” about Ms. Schreiner’s finances and private medical history, according to Ms. Johnson’s motion. The company has subpoenaed her tax returns, bank account statements, phone bills and documents reflecting “your diagnosis of and treatment for cancer” for the years 2004 and 2005” (ex-taser worker alleges she was threatened, 2009).

If TASER International is demanding such irrelevant history about Mrs. Shriener in regards to her testimony, It demonstrates the troubling lengths in which the company will go to somehow destroy a person’s creditability. RMCP Watch.com goes on to state the following:

“The Georgia case that includes Ms. Schreiner’s allegations involves claims of a debilitating back injury sustained by David Wilson, a former Georgia State Trooper, during his training on how to use the device.

That case, launched last year, is similar to one filed by RCMP Constable Dan Husband, who was stationed in Revelstoke, B.C., when he suffered a back injury after a voluntary Taser strike, he claims. Officers are encouraged to experience a Taser shot as part of their training, the suit says. Const. Husband’s suit was filed a year ago but only made public this week in the National Post.

There have been at least 10 training-injury lawsuits filed against Taser since 2003, according to the company. They are among the more than 100 product-liability suits it has faced, according to the company’s most recent filing to the Securities and Exchange Commission, the U.S. stock market regulator.”

“Lawyers for Taser, who are defending against the Georgia suit, filed weighty legal arguments trying to keep a jury from hearing Ms. Schreiner’s allegations. Taser said in court she resigned after working for nine months when she was accused of providing false information during a corporate investigation and that her affidavit contradicts her earlier statements”(ex-taser worker alleges she was threatened, 2009).

These issues are very concerning considering many officers have been injured in training after being encouraged to take such a hit from a TASER. I, myself, was hit with a TASER in training and suffered a severe back strain to my upper back that required medical attention resulting in missed work. Had I known about such cases involving officers being hurt in training beforehand, I certainly would have made a different decision. The risk of injury vs. no benefit to receiving a hit in my opinion is not worth it. The fact TASER allegedly destroyed such information that should have been shared with officers, including myself, is even more concerning. I am not unique in this regard. One such example is that of a 38 year old officer in 2007. This officer volunteered to demonstrate the safety of the TASER for the British Metropolitan Police.  After being hit with the device he was rushed to the hospital with severe back fractures. Janes.com sates the following:

“A police officer in the US who volunteered to be the subject of a Taser demonstration has suffered possibly lasting damage including spine fractures after receiving a five-second discharge, according to a respected medical journal.

The 38-year-old victim was rushed by ambulance to hospital where a scan showed he suffered compression fractures in his spine caused by muscle spasms triggered by being Tasered in a training class.

The case has now entered medical literature after being written up in the eminent American College of Emergency Physicians journal which released the details

Supt Charlie Hill, staff officer to the ACPO police use of firearms working group, said the case underlined the need to move with caution until more can be discovered about the potential side effects of using Tasers”(Officer injured in taser demonstration, 2007).

A more recent case is that of Utah man, 32year old Brian Cardall. Brian had a history of mental illness. While on a road trip from Arizona with his wife, he became agitated. Brian had stripped his clothes off and began having an episode. His wife called for the police to come help detain him. When the police arrived they TASERED him, knocking Brian unconscious. He died shortly after at a nearby hospital. Brian’s wife was pregnant when he passed, leaving behind three children and a wife. Had the police been aware that the device could kill Brian, or if it was found that the mentally ill are more susceptible to the TASER, they almost certainly would have used another method (Non-lethal weapon kills utah man, 2009).

In conclusion, should the TASER be taken off the street? In this peace officer’s opinion no. It can still serve as a good tool in law enforcement as long as it is used appropriately and respectfully. People reading this article should understand I am not anti-TASER. I am however for doing what I believe is morally and ethically right by putting the safety of fellow officers in training and the safety of the general public first and foremost. In my opinion the following should take place concerning the TASER:

1. There should be a federal investigation into the legitimacy of Mrs. Schriener’s testimony and validated whether or not important evidence of the device’s safety has been withheld and destroyed.
2. There should be government and private sector independent testing of the device. It is not ethical that the general public be used as a test bed for the TASER, while TASER International continues to change their policies and positions as people suffer the consequences after being exposed to the device.
3. The  number of officers injured during “safe” taser training must be taken seriously. This device must be respected.  It is not a toy, and officers should not be encouraged to take a hit. We don’t shoot each other with our firearms and bean bag rounds, and we don’t hit each other with our batons.
4. The TASER should be moved up on the use of force continuum to hard techniques. Passive resistant suspects do not warrant use of the TASER and the TASER should not be used as a compliance control device.
5. New training methods and procedures regarding use of the Taser should be implimented.

The above stated points should be addressed. The longer this device is used without proper testing, study, care, and respect, the longer people will unintentionally suffer unwarranted injury or death as a result.  There are now many cases pending regarding people who died shortly after being hit with the TASER – and an increasing number of situations are where lethal force would not have been used or permitted. One thing should be remembered above all else. As law enforcement officers, we commit to protect the public and to serve. It is a cause greater than ourselves. The TASER is a tool, not a symbol of loyalty. There is no reason why law enforcement cannot take a grounded and well rounded approach to the issues discussed here concerning the TASER.  We are loyal to the oaths we take and that includes getting to the bottom of how safe this device truly is before we subject someone to its use unnecessarily.

References

14 year old girl shot in head with taser. (2009). Retrieved from

http://current.com/items/90490049_14-year-old-girl-shot-in-head-with-taser.htm

Anglen, R. (2009). Taser advises police not to aim at chest. Retrieved from

http://www.azcentral.com/arizonarepublic/news/articles/2009/10/21/20091021taser1021.html

Celizic, M. (2009). Great-grandma dared cop to tase her, so he did. Retrieved from

http://today.msnbc.msn.com/id/31202935/

Chicago study calls taser safety claims into question. (2008). Retrieved from

http://www.ppao.gov.on.ca/pdfs/sys-tas-cbc1.pdf

ex-taser worker alleges she was threatened. (2009). Retrieved from

http://www.rcmpwatch.com/ex-taser-worker-alleges-she-was-threatened/

Officer injured in taser demonstration . (2007). Retrieved from

http://www.janes.com/news/lawenforcement/pr/pr071011_1_n.shtml

Study raises concern over taser’s safety. (2006). Retrieved from

http://www.yourlawyer.com/articles/read/11338

Taser training bulletin . (2009). Retrieved from

http://www.fbinaa.org/files/public/TaserTraining_Bulletin_MEMO_10_14_09%5B1%5D.pdf

Non-lethal weapon kills utah man. (2009). Retrieved from

http://blogs.sltrib.com/slcrawler/index.php?p=741&more=1&c=1&tb=1&pb=1

Watson, S. (2008). Doctors condemn “threatening” taser court ruling. Retrieved from

http://www.infowars.com/doctors-condemn-threatening-taser-court-ruling/