San Jose's New Taser Policy

After 18 months without a policy, the San Jose Police Department finally adopted guidelines for how Taser stun guns can be used. Though flawed, the guidelines are an important step toward regulating these potentially lethal weapons.

Over a recent five-year period, at least 148 people have died in the U.S. and Canada after being shocked with Tasers by police. In 2005 alone, there were 77 deaths in incidents involving the use of Tasers. Fifteen of these were in Northern and Central California. In the San Jose area, 3 people have died in such incidents.

The San Jose Police Department's Duty Manual contains rules for using everything from restraining belts to firearms. If an officer breaks the rules, he or she can be disciplined for violating department policies. Unfortunately, the San Jose Police Department deleted its rules limiting Taser use in June 2004. Until that point, officers were prohibited from using Tasers "on restrained, unconscious, non-combative, or otherwise incapacitated persons."

The Taser guidelines now in place follow months of commission hearings, council meetings, and public discussion. Hundreds of San Jose residents sent emails and made phone calls urging the City of San Jose to regulate Taser use.

A wide range of voices, from legal advocates to the Democratic Party, called for new Taser rules. The San Jose office of the ACLU of Northern California played a key role in building community support for new Taser guidelines. 

While the Taser guidelines are a step in the right direction, the new policy still comes up short in many ways: 

• The Taser training bulletin is not included in the San Jose Police Department’s Duty Manual, the document that clearly states department policies and rules. Though San Jose Police Chief Robert Davis has stated that the training bulletin will be treated as a department policy, the ACLU-NC is concerned that the guidelines may not be enforced because they are not in the manual.
• The guidelines defining appropriate conditions for Taser use are too vague. For example, police officers may use a Taser if a San Jose resident appears to be "tensing."  "Tensing" is included in a list of “pre-assaultive,” "physically evasive movements" that would justify use of a Taser. But what does "tensing" mean? At the broadest interpretation, the language would allow police officers to use Taser stun guns in ways that could increase the risk of injury or death.

The ACLU-NC will continue to fight for a safe Taser policy until the SJPD can demonstrate that their use of the weapon is not unnecessarily endangering lives.