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When Can the Police Use a Taser? Understanding Your Rights During an Encounter
In recent years, the use of Tasers by police officers has come under increased public scrutiny. While they’re often described as a “less-lethal” alternative to firearms, Tasers can still cause serious injury—and in some cases, even death. If you’ve ever wondered when can the police use a Taser, you’re not alone. It’s a question that speaks directly to your constitutional rights and to how force should—and shouldn’t—be used by those sworn to protect the public.
Whether you’ve been involved in an encounter with law enforcement, witnessed a Taser incident, or are just trying to understand how policing works, this guide will break it down for you. If you were tased by the police in New York City, contact Cody Warner, P.C. for a free consulation. We can evaluate your case and help you get justice.
What Is a Taser?
A Taser is a brand of conducted electrical weapon (CEW) used by police departments across the country. It delivers a high-voltage, low-amperage shock meant to temporarily incapacitate a person by disrupting their nervous system. Officers are trained to use Tasers as a way to control subjects who are actively resisting or threatening harm.
But they are not supposed to be used just because someone is being mouthy, slow to comply, or inconvenient.
The Legal Standard for the Police Using a Taser: “Reasonable” Use of Force
To understand when police can legally use a Taser, we have to look at the broader legal framework for use of force. Under the Fourth Amendment, all uses of force by police are judged by whether they are “objectively reasonable” in light of the circumstances.
The key case here is Graham v. Connor (1989), where the Supreme Court laid out factors to consider when determining whether a use of force is reasonable:
- The severity of the crime the person is suspected of
- Whether the person poses an immediate threat to the safety of officers or others
- Whether the person is actively resisting arrest or attempting to flee
So, when can the police use a Taser? Only when the use of force is proportionate to those factors.
Common Justifications for Police Use of a Taser
Here are some situations where courts have upheld the use of a Taser as lawful:
- When a person is violent or threatening violence: If someone is attacking an officer or another person, Tasers are often considered a reasonable response.
- When a person is armed: Even without physical violence, if someone is holding a weapon, police may use a Taser to prevent escalation.
- When someone is fleeing and poses a safety risk: If the person is running from police and could harm others, courts may find Taser use justified.
That said, courts have also been clear that non-threatening behavior does not justify Taser use. For example:
- Tasing someone just for refusing to follow verbal commands—without more—may be considered excessive.
- Using a Taser on someone who is already handcuffed and subdued is often ruled unconstitutional.
- Tasing someone for fleeing a non-violent misdemeanor, such as shoplifting, may also violate the Fourth Amendment.
What About Department Policies?
Most police departments, including the NYPD, have their own internal guidelines on when Tasers can and cannot be used. These policies often require that the subject be exhibiting “active resistance” or “aggressive behavior” before a Taser is deployed.
Some departments also prohibit Taser use in specific situations, such as:
- Against pregnant women
- On young children or elderly people
- In crowded environments where others could be injured
- Around flammable substances or near traffic
Violations of these internal policies may not always amount to a constitutional violation, but they can strengthen a civil case if someone is hurt by a Taser.
What If the Taser Was Misused by the Police?
If you believe that you—or someone you love—was tased unjustly, you may have legal options. Claims for police brutality under Section 1983 of the Civil Rights Act allow individuals to sue government officials for violating their constitutional rights.
To succeed in court, you’ll need to show:
- The officer acted under color of law (which is almost always the case),
- The force used was not objectively reasonable under the circumstances,
- You suffered harm as a result.
These cases often hinge on video footage (such as bodycam or cell phone video), eyewitness accounts, and medical records. If the person was tased while already restrained, not threatening anyone, or simply running away from a low-level offense, courts are more likely to find in your favor. You can sue the police for both the physical pain and emotional trauma from being tased. Your excessive force payout will be dependent on the extent of your injuries.
Final Thoughts
So, when can the police use a Taser? The short answer is: only when the law and department policy allow it. That typically means situations involving violence, danger, or active resistance—not routine disobedience or non-threatening behavior.
Unfortunately, Tasers are sometimes used inappropriately, and victims may suffer physical and emotional consequences. If you or someone you know has experienced a Taser incident that seems excessive, it’s important to speak with an attorney familiar with police misconduct cases.
If you were tased in New York City, contact Cody Warner, P.C. for a free consultation. We can sue the police and help get you justice.