Taser Weapons: Use of Tasers by Selected Law Enforcement Agencies
Released: 2005-06-27T00:00:00

Letter

Background

Although a number of companies manufacture various non-lethal weapons, such as stun guns, the only company that manufactures Tasers is Taser International in Scottsdale, Arizona. First developed in the 1970s for use by police departments, Tasers differ from stun guns in that they can be fired from a distance and do not require contact with skin in order to work.

Taser International has produced various models of Taser weapons including Air Tasers and the M-18, M-18L, M-26, X-26, and X-26C models. The M-18 and X-26C models are available to the civilian market. The M-26 and X-26 models are sold only to law enforcement agencies, the military, and more recently have been made available for use in maintaining aviation security. Both models, while varying in size, operate in the same manner and deliver approximately the same electrical charge. For the purposes of this report, Tasers refer to the M-26 and X-26 models. Figure 1 shows a picture of an M-26 model Taser, and figure 2 shows a picture of an X-26 model Taser.

The Taser fires two metal barbs that are attached to wires, which can cover a distance of up to 25 feet. Once the barbs are embedded in an individual or on the individual’s clothing, the weapon delivers an electrical charge of 50,000 volts through the wires to the barbs. This charge causes the muscles of the individual to involuntarily contract, which immediately incapacitates the individual for the duration of the shock, usually lasting about 5 seconds.

The barbs need not be embedded in an individual’s body in order to function. Because of the high voltage, an individual will be shocked even if the barbs are attached to an outer layer of clothing, such as a coat. If the barbs penetrate the skin, it is impossible to predict how deeply they will embed because of various factors, including wind speed and a subject’s weight and muscle mass. The manufacturer estimated that the barbs will generally penetrate bare skin no more than half an inch. Once the Taser weapon’s shock subsides, the individual can recover completely in about 10 seconds. If the weapon is fired correctly and the barbs hit the individual, no collateral damage occurs to the surrounding environment.

The Taser can be reactivated numerous times as long as the barbs remain in the individual or the individual’s clothing. Secondary electric shocks also last for about 5 seconds. The operator has the ability to shut the weapon off, thus ending the charge. A data port contained in the latest models of Tasers provides information suitable for downloading onto a computer detailing the date, time, and duration of each instance that the Taser was fired. A visual battery level indicator is located on the back of the hand guard. The Taser also utilizes a laser sight system. This system enables the operator, even with limited experience, to direct the barbs to the desired location on the individual.

Selected Law Enforcement Agencies Have Established Policies and Procedures to Help Ensure Proper Taser Use

The seven law enforcement agencies we contacted have attempted to ensure proper deployment of the Taser weapon by establishing and employing use-of-force policies, training requirements, operational protocols, and safety procedures.

Use-of-Force Policies

Although none of the seven agencies had separate use-of-force policies that specifically addressed Tasers, all of the agencies included the use of such weapons into their existing policies so that police officers would have guidance on the circumstances in which the use of Tasers may be appropriate. A use-of-force policy provides police officers with a clearly defined set of rules or guidance to follow when encountering a subject, based on the subject’s actions, the officer’s perception of the situation, and the available types of officer responses. The use-of-force model— frequently referred to by law enforcement officials as the use-of-force continuum—was developed using federal law enforcement training guidelines established by FLETC. According to FLETC, the continuum serves as a visual tool to help explain about the application of the use-of- force policy. Specifically, the continuum establishes for a police officer various options to use in responding to a subject’s actions, while employing the minimum amount of force necessary under the circumstances. Generally, an officer should employ more forceful means to control a subject only if the officer determines that a lower level of force is inadequate. Officials in the seven law enforcement agencies we contacted told us that they rely on the continuum to help provide officers with guidance in carrying out their law enforcement responsibilities.

As shown in figure 3, the use-of-force continuum includes five levels of potential subject actions and corresponding officer responses. For example, if a subject is compliant, an officer should use only “cooperative controls,” such as verbal commands, to control the subject. On the other hand, the guidelines provide that if a subject is assaultive and an officer perceives a threat of serious physical injury or death—a lethal situation on the use-of-force continuum—the officer may use deadly force to control the subject.

Officials in the seven law enforcement agencies we contacted stated that each agency has a use-of-force policy in which all officers are trained. Each of the seven agencies has incorporated the Taser into its existing use-of- force policy.

The placement of the Taser on the use-of-force continuums of the agencies varied. Specifically, we found that the seven agencies placed the Taser at three different levels on their use-of-force continuums. As shown in table 1, two agencies—the Sacramento Police Department and the Sacramento Sheriff’s Department—permit the use of Tasers when a police officer perceives the situation as potentially harmful, as when a subject engages in assaultive behavior that creates a risk of physical injury to another. Impact weapons, such as night sticks and batons, can also be used in these situations. They include, for example, instances in which a subject attacks or threatens to attack an officer by fighting and kicking.

Four other police departments—the Austin Police Department, the Ohio Highway Patrol, the Phoenix Police Department, and the San Jose Police Department—allow the use of Tasers at a lower level in the use-of-force continuum in situations that the officer perceives as volatile. This occurs, for example, when a subject is actively resisting arrest but not attacking the officer. The use of chemical sprays to subdue the subject is another option in such a situation. Finally, one agency—the Orange County Sheriff’s Department—allows the use of Tasers in situations that an officer perceives as tactical, such as when a subject is “passively resisting” by not responding to the lawful, verbal commands of the officer.

Training Requirements

“…it is of paramount importance that officers expect and receive the same results from one Taser to another. Their confidence in the weapon is based on the knowledge that all Tasers will operate the same each and every time and will achieve the same desired results each and every time.”

In all seven agencies, the training cycle begins by disseminating the previously discussed use-of-force policy. Police officers also receive mandatory firearms training. As shown in table 2, three of the agencies we contacted—the Sacramento Police Department, the Sacramento Sheriff’s Department, and the San Jose Police Department—require a minimum of 100 hours of such training; three agencies—the Ohio Highway Patrol, the Orange County Sheriff’s Department, and the Phoenix Police Department— require a minimum of 80 hours; and one agency—the Austin Police Department—requires a minimum of 60 hours. In addition, all seven agencies require Taser-specific training. This training stresses such matters as how to (1) properly handle the weapon, (2) locate the shot, (3) safeguard the Taser, (4) conduct proper function tests, (5) overcome system malfunctions in a timely fashion, and (6) perform post-Taser deployment actions. Three agencies require 8 hours of Taser training, while three require 5 hours and one requires 4 hours. All seven agencies require officers to demonstrate physical competency with the weapon, and three agencies also require written tests generally consisting of approximately 10 true or false questions related to the application of the use-of-force policy, proper use of the weapon, and appropriate safety measures.

Furthermore, six of the seven agencies required yearly recertification in the use of Tasers. One agency—the San Jose Police Department—does not require yearly recertification for Tasers and is not currently considering the establishment of such recertification. However, an official from the San Jose Police Department told us that the department includes Tasers in its annual use-of-force simulations training in which officers are trained in the use of Tasers that would be considered appropriate in various law enforcement scenarios.

We also discussed with officials from the seven agencies how training other Taser users may differ from training law enforcement personnel in Taser use. All the officials agreed that the length and intensity of training must be increased for users who have no law enforcement experience or firearms training. The officials also stressed that any civilian training curriculum should have a very explicit use-of-force policy. Unlike police officers, civilians are not generally experienced in deciding whether the use of force is justified and, if so, to what extent. Therefore, the officials told us that it should be the goal of any civilian training curriculum to remove the need for independent decision-making as much as possible. Officials from all seven agencies agreed that training for non-traditional law enforcement individuals should involve as many “real life” scenarios as possible so that the trainee understands what level of force is appropriate.

Operational Protocols

The seven law enforcement agencies we contacted have operational protocols, which are written policies and procedures that address and provide guidance on the daily activities of a law enforcement agency’s officers. These protocols address a wide range of issues such as deployment of law enforcement personnel and weapons, inspection techniques, proper use of weapons, and post-incident procedures. Regarding Tasers, the protocols in the seven agencies require, among other things, that Tasers be visually inspected on a daily basis, be appropriately safeguarded, and, in some cases, be tested on a weekly basis or at the beginning of an officer’s shift.

With regard to Taser deployment, three of the seven agencies we contacted issued the Taser to all of their officers. Three of the agencies deployed Tasers only to patrol officers because they were considered to be the most likely personnel to have use for the device during the course of their work. The remaining agency issued Tasers to its patrol officers and members of some specialized police units such as narcotics.

Regarding inspections, all seven agencies we contacted required a daily function test for Tasers. Officials in the seven agencies told us that this test generally consists of visually inspecting the weapon for any signs of damage or unusual wear and tear, inspecting the firing cartridge to ensure that there is no damage or obvious tampering, and checking the battery strength indicator located on the rear of the weapon. Furthermore, one of the seven agencies required that on a weekly basis, officers conduct a test fire of Tasers in which the officer initiates an arcing of the electric probes by pulling the trigger of a Taser that does not contain a firing cartridge. In addition, two of the seven agencies require that each officer conduct such a test at the beginning of the officer’s shift. All of the agencies mandated that the Taser be safeguarded in the same fashion as a firearm issued by the agency.

Once the law enforcement agency’s internal policies and procedures were satisfied, including compliance with the use-of-force policy, the method and manner prescribed for Taser use did not significantly differ among the agencies we contacted. Officials in the seven agencies stated that the Taser is to be aimed at the center of an individual’s largest amount of body mass, which is oftentimes the chest or, in some circumstances, the back. Shots to the neck or face are not advisable unless a significant danger exists to the officer or others, and this area is the only target area presented. All seven agencies we contacted required the officer involved in a use-of-force incident to complete an official form detailing the type of force used. As shown in table 3, three of the agencies required the officer to complete a specific form whenever a Taser was used. These forms included a description of barb placement, the effects achieved, and the subject’s behavior before and after the Taser deployment. Following the use of the Taser, all seven agencies required that the subject be restrained, with handcuffs or an emergency restraint belt, to ensure that there would be no further threat of physical aggression.

Safety Procedures

“…the officer runs the risk of injuring the intended target. A Taser is by nature a weapon and carries with it inherent dangers.”

As shown in table 4, the seven agencies’ safety guidelines provide that the Taser should not be used on children, pregnant suspects, or near bystanders or flammable liquids. All the agencies we contacted require an emergency room physician to examine the subject in the event of Taser barb placement in the face or neck. The Orange County Sheriff’s Department also requires any female subject shot in the breast or groin area to be seen by an emergency room doctor. Six of the seven agencies provide officers with the discretion to remove the barbs themselves or to request that emergency medical technicians (EMT) respond to the scene. Once removed, the barbs should be placed in a “Sharps” container to ensure safe and hygienic disposal. For these agencies, if the officer observes an adverse reaction to the electrical shock, he or she can request that the subject be transported to a local hospital emergency room. No other medical follow-up is required. The remaining agency—the San Jose Police Department—does not provide its officers with the discretion to remove Taser barbs. The San Jose Police Department calls for officers to transport subjects hit with Taser barbs to a hospital so that medical personnel can remove the barbs. Also, San Jose officers do not routinely call EMTs to the scene of Taser use. They do so only if other life threatening needs or medical treatment is needed. If such treatment is not needed, the officer transports the suspect to a hospital for medical clearance prior to being booked in the county jail.

Some Federal, State, and Local Laws Address Tasers But Requirements Differ

In reviewing various laws, including statutes, regulations, and ordinances, we found that Tasers were addressed in some federal, state, and local jurisdictions. We also found that these jurisdictions had different requirements for regulating Tasers. In some instances, the extent to which Tasers are regulated in these jurisdictions may depend on whether the Taser is classified as a firearm. For example, at the federal level, ATF has not classified Taser as a firearm, which exempts Taser from federal firearms requirements. However, we identified other federal agencies, such as the Army, that have established Taser-related regulations for the possession, use, and sale of Tasers. In addition, TSA has identified the Taser as a prohibited weapon that cannot be brought past airport security checkpoints by unauthorized personnel. TSA also has authority to approve the use of Tasers by flight crews on commercial aircraft. We also found that the state of Indiana and the city of Chicago, Illinois regulate the sale or possession of Tasers by non-law enforcement persons by requiring that the same restrictions that apply to firearms must also apply to Tasers. Other states, such as California, prohibit Tasers from being carried into public facilities such as schools and airports.

At the federal level, we found that ATF—the federal agency responsible for determining whether a weapon should be classified as a firearm, which would make the weapon subject to federal firearms regulations—does not classify the Taser as a firearm. Thus, the Taser is not subject to any federal regulations regarding the distribution, sale, and possession of firearms. As a result, Tasers can be manufactured and distributed domestically without federal restriction. However, we identified some federal agencies that have established regulations that specifically prohibit the sale, possession, and transfer of Tasers. For example, Army regulations prohibit the sale, possession, carrying, or transportation of Tasers on or within specific installations in Georgia, including Fort Gordon and Fort Stewart, which also includes the Hunter Army Airfield. In addition, TSA has a regulation that prohibits unauthorized individuals from carrying weapons, explosives, and incendiaries beyond airport security checkpoints. To help provide guidance in implementing its regulation, TSA has developed a chart outlining specific items that are prohibited in carry-on baggage and has identified Tasers as a prohibited weapon. TSA also has broad authority under the Aviation and Transportation Security Act, as amended by Section 1405 of the Homeland Security Act of 2002, to approve the use of less-than- lethal weapons by flight deck crew members, as long as the TSA Secretary prescribes “…rules requiring that any such crew member be trained in the proper use of the weapon…” and “…guidelines setting forth the circumstances under which such weapons may be used.” Based on this authority, in October 2004, TSA approved a request from Korean Airlines that specially trained cabin attendants be permitted to use Tasers on commercial flights in U.S. airspace. TSA officials told us they anticipate that in the future, other airlines will also submit requests to deploy less- than-lethal weapons.

In reviewing various state and local laws, we identified some state statutes and municipal ordinances that specifically regulate the sale or possession of Tasers by non-law enforcement persons within their state or municipal boundaries. For example, in the state of Indiana, Tasers are subject to the same licensing requirements as other handguns. Therefore, in order to lawfully possess a Taser in Indiana, prospective purchasers are required to meet certain license requirements and consent to a criminal history background check. In addition, dealers in Indiana cannot sell a Taser until after requesting and receiving criminal history information on prospective purchasers. Similarly, in Chicago, Illinois, prospective purchasers are required to obtain a permit to lawfully purchase Tasers. Also, in the state of Pennsylvania and the city of Wilmington, Delaware, it is unlawful for non-law enforcement persons to manufacture, make, sell, or possess a Taser. In addition, individuals in various states, including California, Illinois, and Virginia, are prohibited from carrying Tasers in such areas as airports, courthouses, schools, prisons, or public buildings.

Concluding Observations

The seven law enforcement agencies we contacted have established policies and procedures to attempt to ensure proper use of Tasers. Specifically, the agencies employ use-of-force policies, training requirements, operational protocols, and safety procedures, although specific practices vary from agency to agency. For example, the seven agencies place the threshold at which Taser use may be deemed appropriate at three different levels on their use-of-force continuums. However, even when these policies are strictly enforced, each situation in which a Taser may be used is unique. An officer must rely on prior experience and training and exercise good judgment to determine whether using the Taser constitutes an appropriate level of force. Consequently, officials in the seven law enforcement agencies we contacted stressed that proper training is essential for successful deployment. If Taser use becomes more widespread, particularly among non-law enforcement personnel who have little or no firearms experience, we believe that this training will become even more critical for safe, effective, and appropriate use of the weapon.

Agency Comments and Our Evaluation

We received written comments on a draft of this report from TSA, which are included in appendix II. In its comments, TSA stated that it generally concurred with the information in the report. Also, TSA stated that it agreed that training and oversight are essential for the use of Tasers. In addition, TSA discussed its authority to approve the use of less-than-lethal weapons by air carriers. Among other things, TSA explained that under the Aviation and Transportation Security Act, as amended by Sec. 1405 of the Homeland Security Act of 2002, air carriers are to contact TSA to request permission to carry less-than-lethal weapons aboard their aircraft. TSA would review the air carrier’s request as well as the training program that the air carrier would provide for the proposed use of the weapon. After TSA approves the air carrier’s request, an amendment to the air carrier’s security program must be made to allow for the weapon’s use while the aircraft is in flight. Requirements could also be mandated for storage of the weapon while the aircraft is standing at an airport. Furthermore, TSA stated that it has received a number of requests from air carriers as they attempt to enhance aircraft security and will continue to evaluate such requests and review training programs provided by air carriers. In addition, TSA and FLETC provided technical comments that we incorporated into this report where appropriate.

We also received comments from Taser International and the seven law enforcement agencies we contacted. They generally agreed with the information in the report. In addition, Taser International and three of the seven law enforcement agencies—the Austin, Texas, Police Department; the Phoenix, Arizona, Police Department; and the San Jose, California, Police Department—provided some technical comments that we incorporated into this report where appropriate.

As agreed with your office, unless you announce the contents of this report earlier, we will not distribute it until 30 days after its issuance date. At that time, we will send it to the Chairmen and Ranking Members of the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Government Reform. We will also send it to the Chairman and Ranking Member of the House Committee on Homeland Security and the Ranking Member of the Subcommittee on National Security, Emerging Threats and International Relations, Committee on Government Reform. We will also provide copies to the Secretary of the Transportation Security Administration and will make copies available to others upon request. In addition, the report will be available at no charge on the GAO Web site at http://www.gao.gov. Key contributors to this report are listed in appendix III. If you or your staff have any questions concerning this report, please contact me at (202) 512-7455 or at cramerr@gao.gov.

Objectives, Scope, and Methodology

For this report, our first objective was to obtain information on the policies and procedures related to the issues of use of force, training, operations, and safety for selected law enforcement agencies that have purchased and used Tasers. We conducted this work for the purpose of providing information about the policies, procedures, and practices these agencies use to help ensure safe and successful deployment of the Taser. We did not attempt to draw conclusions about whether Tasers are in fact safe. Our second objective was to obtain information on federal, state, and local laws that specifically address Tasers, including the Transportation Security Administration’s (TSA) authority to regulate Tasers on aircraft.

To address the first objective, we used Taser International Incorporated’s (Taser International) customer database to identify all U.S. law enforcement agencies that had purchased Tasers. As the sole manufacturer of Tasers, Taser International maintained the only centralized database from which we could obtain this information. Around the time we began our work in May 2004, Taser International reported that a total of over 7,000 law enforcement agencies had purchased Tasers. Time constraints would not permit us to contact all these agencies. Thus, we determined that the most reasonable approach for selecting law enforcement agencies to contact would be to focus on those agencies that had the largest number of Tasers for the longest period of time. To do this, we identified two key data elements for each agency—the date that the agency made its first Taser purchase and the total number of Tasers that the agency purchased. In identifying the initial Taser purchase date, we were able to determine how long ago various agencies had begun buying Tasers. We focused on this date because we determined that by the time we began our work, the agencies that had made the earliest Taser purchases would have been more likely to have established policies and procedures to help ensure the safe and appropriate use of Tasers.

In addition to the initial purchase date, we identified for each agency the total number of Tasers that they had purchased. We determined that those agencies that purchased a significant number of Tasers would have been more likely to deploy them widely, which increased the chances that more law enforcement personnel would have used Tasers in training and field situations. As such, we reasoned that to help ensure that Tasers would be safely and appropriately used, law enforcement agencies would take steps as quickly as possible to establish Taser-related policies and procedures.

Using these two data elements, we identified seven law enforcement agencies that had deployed the largest number of Tasers for the longest period of time. These agencies were the Austin, Texas, Police Department; the Ohio Highway Patrol; the Orange County, Florida, Sheriff’s Department; the Phoenix, Arizona, Police Department; the Sacramento, California, Police Department; the Sacramento, California, Sheriff’s Department; and the San Jose, California, Police Department. Our efforts in selecting the seven agencies constituted a case-study approach. Because we conducted case studies rather than a statistical survey, the results of our work can be applied only to the seven agencies we contacted; our work results cannot be applied to all law enforcement agencies that, according to Taser International’s data, have purchased Tasers.

With the assistance of GAO methodologists, we drafted a series of questions related to use-of-force policies, training requirements, operational protocols, and safety procedures. We asked officials in all seven agencies the same questions to ensure that we could compare their responses.

To address the second objective, we researched various federal and state laws, including statutes and regulations, to determine whether Tasers are regulated at the federal and state levels. In addition, we reviewed information obtained from the Department of Justice’s Bureau of Alcohol, Tobacco, Firearms, and Explosives on local ordinances that regulate Tasers. Also, we researched various published local ordinances to determine whether Tasers are regulated at the local level. In addition, we reviewed the Aviation and Transportation Security Act to ascertain federal requirements for approving the use of Tasers onboard aircraft.

We conducted our work from May 2004 through February 2005 in accordance with quality standards for investigations as set forth by the President’s Council on Integrity and Efficiency.

Comments from the Secretary, Transportation Security Administration

GAO Contact and Staff Acknowledgments

GAO Contact

Acknowledgments

In addition to the individual named above, Jennifer Costello, Richard Egan, Joseph Funk, Barbara Lewis, Latesha Love, John Ryan, and Barry Shillito made key contributions to this report.

GAO’s Mission

The Government Accountability Office, the audit, evaluation and investigative arm of Congress, exists to support Congress in meeting its constitutional responsibilities and to help improve the performance and accountability of the federal government for the American people. GAO examines the use of public funds; evaluates federal programs and policies; and provides analyses, recommendations, and other assistance to help Congress make informed oversight, policy, and funding decisions. GAO’s commitment to good government is reflected in its core values of accountability, integrity, and reliability.

Obtaining Copies of GAO Reports and Testimony

The fastest and easiest way to obtain copies of GAO documents at no cost is through GAO’s Web site (www.gao.gov). Each weekday, GAO posts newly released reports, testimony, and correspondence on its Web site. To have GAO e-mail you a list of newly posted products every afternoon, go to www.gao.gov and select “Subscribe to Updates.”

Order by Mail or Phone

To Report Fraud, Waste, and Abuse in Federal Programs

Congressional Relations

Public Affairs