Welcome back and thanks for joining us for the wrap up of this discussion on when a Michigan cop can use a taser on a suspect. As we talked about in the previous article, Michigan cops are allowed to use a taser (sometimes called a stun gun) when they believe they are threatened, or when a suspect needs to be subdued in order to be safely arrested. However, tasers aren’t as safe as we’re often led to believe they are. So when exactly is it okay for an officer to tase you? Let’s take a look.
What situations warrant the use of a taser in Michigan?
According to the Michigan State Police Use of Force Order, “The United States Supreme Court has held that an officer’s use of force will be judged in light of an “objectively reasonable” standard. Reasonableness will be determined by balancing the nature and quality of the intrusions, with the countervailing governmental interests. The standard takes into consideration the severity of the crime, whether the suspect poses an immediate threat to the safety of the officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.”
What actions could get you tased by the cops?
Any of the following actions or situations could earn you the business end of a taser in Michigan:
- Trying to run away when an officer is arresting you
- Fighting with an officer while they are trying to arrest you
- Resisting arrest in any way, or refusing to cooperate with an officer’s orders
- Assaulting an officer
- Making verbal threats to an officer, or to other civilians
- Pointing a weapon at, or threatening other civilians
- Attempting to assault a civilian
Are the police properly trained to use tasers in Michigan?
The Michigan State Police have outlined guidelines for the proper use of tasers (which they call Electro-Muscular Disruption Devices) by police in Michigan. For example, cops aren’t allowed to mess around with their tasers (in the guidelines it says “horseplay is prohibited”), and officers have to carry their tasers in department-issued holsters while they’re on patrol. The regulations also say that officers can only use tasers if they’ve been trained in their use by a certified instructor, and anyone using a taser without proper training could face felony charges!
Does a cop have to explain themselves when they use a taser?
In some cases, yes. If an cop’s use of force comes into question, they have to be able to explain why they chose to use the taser on someone. Officers are supposed to take a lot of factors into account when choosing to use their taser on someone. Factors like the suspect’s gender, age, possible physical infirmities, and whether or not there were any other options available at the time all play a role in determining if the cop used excessive force or not.
Have your rights been violated by a Michigan cop?
If you’ve been arrested or charged with a crime in Michigan, and you’re ready to fight for your future, call The Kronzek Firm at 866 766 5245 (866 7No Jail) immediately! Our highly skilled and trusted criminal defense attorneys are standing by to help you 24/7. We’re considered among the top criminal defense attorneys in the state, and we’re ready to prove to you exactly how we earned that title.