When Can Police Use a Taser on Me?

Earlier this year, a Balch Springs police officer shot and killed Jordan Edwards, a 15-year-old boy who was leaving a party. The story made national headlines, with the officer now facing murder charges. The Dallas Morning News recently publish a story about an incident involving another officer within that department was involved in about a year ago where he used a Taser on a man in handcuffs. The officer was reprimanded for this incident but not charged. This raises the question, if police use a taser on a person in handcuffs, is it not considered excessive force?

According to the Dallas Morning News report, the man who was tased had been walking with his nephew and his friends prior to the incident. The man told the Dallas Morning News that one of the kids was carrying a BB gun. The man had the child give him the BB gun because he feared someone might call the police if they saw him with it. After that, the police were called with a report that a man was waving a gun around in the neighborhood. The police found and apprehended the man, placing him in handcuffs. While the man was in handcuffs, the officer tased him. The officer was wearing a bodycam that recorded the incident. The Texas Rangers were tasked with investigating the officer and after investigating, the Rangers determined that the officer did not violate any state statute and allowed the officer to return to active duty.

How Can I Hold Police Responsible for Excessive Force?

In many cases, people who have been victims of excessive force were charged with resisting arrest even though the police officer used too much force against them. Those facing resisting or evading arrest charges should contact an experienced criminal defense attorney as soon as possible, especially if they were also the victim of excessive force. A skilled criminal lawyer can build a solid case for your defense no matter the circumstances of your charges, which can enable you to hold the police accountable for using excessive force during your arrest.

Dallas criminal defense attorney Mike Goolsby is a former trial lawyer for the District Attorney’s office in Dallas County, giving him a unique perspective of criminal justice and police practice in Texas. He is dedicated to defending the legal rights of people accused of crimes in Dallas.