{"id":1299,"date":"2019-07-02T15:38:42","date_gmt":"2019-07-02T15:38:42","guid":{"rendered":"https:\/\/www.delewislaw.com\/blog\/?p=1299"},"modified":"2019-07-02T15:40:18","modified_gmt":"2019-07-02T15:40:18","slug":"can-a-cop-be-fired-for-inappropriately-using-a-non-lethal-weapon-2","status":"publish","type":"post","link":"https:\/\/www.delewislaw.com\/blog\/can-a-cop-be-fired-for-inappropriately-using-a-non-lethal-weapon-2\/","title":{"rendered":"Can a Cop Be Fired For Inappropriately Using a Non-Lethal Weapon?"},"content":{"rendered":"\n

Law enforcement are the country\u2019s first line of defense, so\nit is important to appreciate their line of work and understand the dangers\nthey face on a day to day basis. For this reason, they are legally trained and\nequipped to carry and use a wide variety of lethal and nonlethal weapons,\nincluding guns, batons, and Tasers. Although they are permitted to use these\nweapons at their discretion, it doesn\u2019t give them the right to abuse or overuse\ntheir power. <\/p>\n\n\n\n

In the case of nonlethal weapons, this has come up quite a\nbit in the recent years. People want to know what happens when a cop excessively\nuses their non-lethal weapon. Is it still lawful? Are there consequences for\nthe police officer? Does the defendant have rights? <\/p>\n\n\n\n

Every situation involving the actions, behaviors, and protocols of law enforcement\u2019s action varies greatly, and should always be assessed on the individual facts surrounding the case. For example, take a look at the case of \u201cPeru City Police Department v. Martin<\/a>\u201d.<\/h3>\n\n\n\n
\"Criminal
Criminal Defense Law Firm 317-636-7514<\/figcaption><\/figure>\n\n\n\n

Peru City Police Department v. Martin <\/h1>\n\n\n\n

In the lawsuit, after an officer repeatedly employed a Taser\non an elderly nursing home patient suffering from Alzheimer\u2019s, Peru Police\nChief Steve Hoover recommended dismissal of Officer Martin for excessive use of\nforce and conduct unbecoming of an officer. The City of Peru Board of Public\nWorks and Safety conducted a hearing and agreed with Chief Hoover; Officer\nMartin was discharged and sought review in the trial court.<\/p>\n\n\n\n

The court of appeals reviews the decision of a municipal\nsafety board like a decision of an administrative agency, \u201climited to whether\nthe [board] decision rests upon substantial evidence, whether the decision was\narbitrary and capricious, and whether it was contrary to any constitutional,\nstatutory, or legal principle.\u201d The trial court tossed out his firing and\nentered over one hundred \u201creasons that Board\u2019s decision should not be\naffirmed.\u201d However, the appellate panel disagreed, finding the trial court\nerred in substituting its own judgment for that of the police chief and board. <\/p>\n\n\n\n

The panel focused its analysis on the Taser training Officer\nMartin underwent as part of his role as an officer. He had been specifically\ninstructed that exposure for over 15 seconds, whether due to multiple\napplications or a continuous one, increased the risk of death or serious\ninjury. In total, the nursing home patient was exposed for 31 seconds. The\npanel concluded, \u201cSubstantial evidence supports the Board\u2019s findings, and its\ndecision to terminate Martin for use of excessive force and conduct unbecoming\nof an officer was not arbitrary and capricious.\u201d<\/p>\n\n\n\n

Do You Have Questions About Your Criminal Charges?<\/h2>\n\n\n\n

If you do not already have a licensed criminal defense lawyer<\/a> working on your case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514<\/strong> to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there is no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.<\/p>\n\n\n\n

\"Indianapolis
Schedule a Free Consultation Today!<\/figcaption><\/figure>\n","protected":false},"excerpt":{"rendered":"

Law enforcement are the country\u2019s first line of defense, so it is important to appreciate their line of work and understand the dangers they face on a day to day basis. For this reason, they are legally trained and equipped … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":1300,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,1],"tags":[776,774,20,7,64,775],"class_list":["post-1299","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-criminal-defense","category-criminal-law","tag-cops-unlawful-use-of-weapon","tag-criminal-charge-lawyer-indianapolis","tag-criminal-charges-indianapolis","tag-criminal-defense-attorney-indianapolis","tag-indianapolis-criminal-defense-lawyer","tag-unlawful-use-of-taser"],"_links":{"self":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1299","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/comments?post=1299"}],"version-history":[{"count":1,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1299\/revisions"}],"predecessor-version":[{"id":1301,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1299\/revisions\/1301"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/media\/1300"}],"wp:attachment":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/media?parent=1299"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/categories?post=1299"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/tags?post=1299"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}