OP-23-01

Preface

The following opinion, designated OP-23-01, is official policy upon being published.
This opinion was prompted from a dispute by Senior Officer kevn613, around the legality of enforcing rules against the usage of a taser against suspects in dangerous situations. It is not the purpose of the Justice Research Institute to appeal or overturn punishments.

Context

Senior Officer kevn was given a 3 Day Suspension from DPS Internal Affairs designated Case 23-54 (Not attached, can be prepared upon request). Case 23-54 stated "After suspect murdered someone, all the officer asked for is to see hands. On top of this, you are to never tase someone on the side of a mountain."  Both charges are reflected in the evidence provided. Senior Officer kevn used a taser on a suspect who was presently in a position of which falling could cause grave injury to the suspect.

Opinion

The officer attempted to use non-lethal means, in accordance with the Use of Force Policy currently in affect on this 28th of September, 2023. The Use of Force Policy presently does not define "lethal force", but does include the use of a taser as less-lethal force, stated under Level 3, bullet 2, sub-bullet d. As the suspect was considered a Level 3 suspect at that time, and the Use of Force policy does not define lethal force, Senior Officer Kevn was in compliance with the Use of Force Policy.
However, if the action had resulted in the death of the suspect, the officer could have been found guilty of Manslaughter pursuant to Title 1, Code 10 of the Civil Penal Code which states "Taking someone's life with(out) any form of force and without any desire to do so will be considered a misdemeanor. If the offender showed intent to caused injury, but those actions resulted in death, the offender will be guilty of a felony." As the action did not result in death, the officer is likely in violation of Public Endangerment pursuant to Title 3, Code 2 of the Civil Penal Code which states "The conduct that is wrongful and reckless, and likely to produce death or bodily harm to another person will be considered a misdemeanor." As Liberty State does not currently have Official or Qualified Immunity, any conduct outside of what a reasonable and skilled officer would do is punishable by Penal Code. 

Summary

The usage of a taser in a situation where the suspect is, or is likely to be, injured, and that a reasonable and skilled officer would not use his taser, is likely to be considered a violation of (3)02 Public Endangerment, but is not against any DPS policy. If the action results in the suspect's death, the action would likely be considered a violation of (1)10 Manslaughter as a misdemeanor. Based on this opinion, officers in DPS are not to use tasers or beanbag shotguns in situations where the suspect is likely to be injured or killed, and are advised to use pepper spray or verbal force instead.

This policy was published as of or before October 1st, 2023.