Question: Is it excessive force for an officer to repeatedly deploy his taser against a suspect who actively resists arrest?
Quick Answer: It depends. If a suspect actively resists arrest and refuses to be handcuffed, officers do not violate the Fourth Amendment by using a taser to subdue him.
Facts: Peace officers were dispatched to Patrick Hagans’ house in response to a 911 call. The first officer on the scene saw Hagans running toward him and ordered him to stop. Hagans ignored the officer, ran around the house, and tried to open the locked driver’s side door of a police cruiser. Hagans, who refused to be handcuffed, fought with the two officers. During the struggle, a third officer arrived and tasered Hagan in the back. When the initial shock did not subdue Hagans, the officer tasered him a second time. Hagans continued to fight with the officers and grabbed for the taser. The officer tasered Hagans two to four more times. When the officer realized the shocks were not working, he joined the other officers in trying to subdue Hagans by hand. After the officers secured Hagans with handcuffs and leg shackles, he lost consciousness and stopped breathing.
Why this case is important: If a suspect actively resists arrest and refuses to be handcuffed, an officer may subdue the person using a taser. Regardless of the crime committed or flight risk — and even if the suspect hasn’t injured or threatened officers — they may use a taser against a suspect if he continues to forcefully resist arrest.
Keep in mind: This court found that a peace officer exercises excessive force when using a taser against a suspect who is cooperative or has stopped resisting. A suspect’s active resistance may mark the line between reasonable and unreasonable use of a taser.