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August 23, 2013

Day

Hand-On-Your-Shoulder Guide Thru The Post-OIS Legal Swamp

Coming through a life-or-death encounter alive may be only the first challenge in claiming victory in a shooting or other major use of force. After the firing stops, a criminal investigation, an IA review, media scrutiny, and likely civil lawsuits can create punishing secondary assaults for surviving officers if not negotiated properly. It’s this potentially...
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Does Just Threatening To Use A Taser Constitute Force?

A new force-related issue is beginning to surface in state and federal court proceedings: Whether merely threatening to use an electronic control weapon (ECW)–including pointing it, sparking it, and aiming its laser beam–constitutes a use of force under the law. “The caselaw on the subject is still relatively limited, but the question of when and...
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