California Police Brutality Lawyer Blog

Taser International, the maker of the stun guns used by most of the police forces in America, has created a small camera designed to be worn by police officers during their shifts. The camera system, named Axon, weighs approximately half an ounce and may be clipped onto a law enforcement officer's sunglasses or shirt collar. It records up to two hours of video footage before information must be uploaded via a docking station into the company's online cloud information management system. Video may not be deleted directly from the camera.

Although the Scottsdale, Arizona company has installed tiny cameras on more than 55,000 tasers, the camera is not triggered until the stun gun is drawn. The new camera system is designed to capture events which led up to police action. According to Rick Smith, Taser International's co-founder and chief executive officer, police use of the cameras is defensive. Each year, law enforcement in the United States spends more than $2 billion on police brutality complaints. Smith believes both citizens and officers alike tend to behave better when they are being filmed. Despite that, officers actually have the ability to decide when to turn off the camera and when to film their interactions with citizens, Smith believes most police will choose to videotape all of their interactions in order to document policy compliance.

Law enforcement agencies that use the technology will be charged on a sliding scale based on data storage and customer service needs. Taser International stated the online evidence system will save agencies money, cut down on lost information, and provide evidence storage. It will also purportedly eliminate the need to hire additional information technology professionals. Still, at a cost of $1,000 per camera, the cameras may be difficult to fit into tight law enforcement budgets. Other makers of body cameras are skeptical of law enforcement's willingness to outsource evidence.

Taser International is used to criticism. In response to concerns over the company's stun guns, Taser International's safety claims were investigated by the Securities and Exchange Commission in both 2005 and 2006. Cardiologists at the University of California, San Francisco have also called the company's safety claims into question. Although the product is sold as a nonlethal weapon, sales to law enforcement agencies in the United States has declined in recent years.

Continue reading "Taser Manufacturer to Roll Out Tiny Police Cameras in California, Nationwide" »

Last month, a 43-year-old Colton man died after local police allegedly used a taser on him multiple times. Family members of Hutalio Serrano summoned police after they witnessed him pacing across the street from his home. According to relatives, he appeared agitated and was not acting like himself. Police arrived on the scene about 15 minutes later and the matter apparently escalated quickly.

Serrano's daughter Biviana said she witnessed her father on the ground yelling for police to stop as police officers continued to use a taser him. His stepson, Eddie Hernandez, also witnessed Serrano's pleas for officers to stop using the stun gun on him. Another eyewitness, Kelly Martinez, stated he came upon the scene while walking home. According to Martinez, he saw police officers use a taser on Serrano at least four times while Serrano plead for help. He also said he did not believe Serrano posed any threat to police.

Despite that Serrano reportedly never threatened officers on the scene, the Colton Police Department claims Serrano died while resisting arrest. Police also stated Serrano was tasered three times, all of which were necessary to subdue and handcuff the man. According to the Colton Police Department, Serrano was hospitalized as soon as officers realized he was having a medical emergency. Serrano was pronounced dead approximately one hour after the incident with police.

Members of Serrano's family said although police use of force is sometimes necessary, in this case it was excessive. They believe Colton police officers used excessive force on Serrano. The incident is currently under investigation by the San Bernardino County Sheriff's Department.

Police are expected to use force in certain circumstances and officers are granted immunity from liability so long as they are acting in good faith while engaging in their duties. A plaintiff can overcome officer immunity by showing police conduct was out of bounds and excessive. Although there are few restrictions regarding the use of so called non-deadly force such as tasers, rubber bullets, and pepper spray, their use may still be excessive.

Serrano's family may file a civil tort claim against the Colton Police Department. A civil tort claim allows a victim of police violence to seek monetary damages for assault, battery, wrongful death, false arrest, and negligence. Serrano's family may also bring a claim against police for violations of his constitutional rights under Section 42 U.S.C. 1983. In California, a police officer who unnecessarily assaults a citizen may also be subject to criminal charges.

Continue reading "Man Dies After Colton Police Repeatedly Taser Him" »

This week, the San Francisco Chronicle published an article by Ron Cottingham, President of the Peace Officers Research Association of California, addressing recent allegations of police misconduct and abuse committed against Occupy Oakland protesters. Occupy Oakland is a part of the Occupy Wall Street protest movement. The movement began last fall as an attempt to highlight and bring more attention to the vast wealth divide among citizens in the United States. In recent months, Occupy Oakland demonstrators have clashed repeatedly with local police.

In his Open Forum article, Cottingham described his disappointment in the conduct of Oakland police officers and discussed what he argues are acts of senseless violence between police and protesters. According to Cottingham, an Oakland law enforcement officer was recently punished for attempting to conceal his name badge using tape while responding to an Occupy Oakland protest. Although his superior officer removed the tape prior to his arrival on the scene, a federal judge is weighing whether to sanction the officer.

Cottingham, a peace officer for almost 40 years, stated he has been tasked with maintaining safety during a variety of protests throughout his tenure. According to Cottingham, maintaining safety is the chief goal of any police presence during a protest. Cottingham also argued the rights of protesters should always be both respected and protected by police.

Despite his belief in the rights of protesters, Cottingham condemned the actions of hackers who publicly posted the names, telephone numbers, addresses, and even social security numbers of some police officers online. According to Cottingham, in a time when everything is photographed, videotaped, and immediately posted online, law enforcement officers are experiencing a new level of vulnerability. In his article, he discussed his belief that some Occupy Oakland protesters are not actually seeking to find solutions or be heard, but are instead seeking to widen the divide between police officers and demonstrators.

Cottingham closed his article by cautioning against further anger and violence. He stated that all citizens have the right to make their voices heard through protest and engage in honest discourse. Cottingham also argued this cannot always be accomplished without a certain degree of chaos. Finally, despite calling for more accountability on both sides, he stated "an officer's badge should not be used as the next calling card for an act that is criminal."

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