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ASP Tactical Baton and legal troubles

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Sgts_max50

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Posted over 7 years ago

 

I was recently certified to carry an ASP baton. My instructor told us that if we find ourselves in a situation where we need to use the baton and we use it properly but the case still ends up in court, ASP will send a defense team to represent us. I think that is great. Have any of you officers had charges pressed against you due to use of your ASP? Did they send a defense team?

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Rate This | Posted over 7 years ago

 

Why would an officer be charged for using his ASP?

Photo_user_banned_big

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Rate This | Posted over 7 years ago

 

What is an ASP? I'm LE illiterate in this area, lol

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Rate This | Posted over 7 years ago

 

Expandable baton.

Sgts_max50

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Rate This | Posted over 7 years ago

 

If the person he used it agaist files charges against the officer.

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Rate This | Posted over 7 years ago

 

If it was used during the course and scope of duty (use of force continuum) I don't see how charges could be brought against the officer. If you're refering to an "excessive force" situation, I don't think ASP would view that as being used "properly".

But then again we work in different states.

3734983337_1__max50

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Rate This | Posted over 7 years ago

 

surprisingly cops are unaware that we are not above the law, but that we serve it....all you need to be able to weather the storms is to handle your high....................The high I am speaking of is produced by your adrenal glands called adrenaline. It is what gets most cops in trouble. It is the hardest thing to control but is controllable. Keep a cool head at all times. Don't fall for "contempt of cop" or fear of death. "It is better to be tried by 12 than carried by 6".

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Rate This | Posted over 7 years ago

 

Unfortunately, some do carry things way too far.

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Rate This | Posted over 7 years ago

 

I guess we need to clarify if Badge was refering to a righteous use of force, or "other".

Sgts_max50

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Rate This | Posted over 7 years ago

 

I am talking about an officer using reasonable/legal force. It doesn't matter if you are totally within your rights to have used the baton and used it correctly. The civilian can still press charges and file a civil suit. Then I would imagine it would have to go to court for a probable cause hearing.

Picture_031_max50

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Rate This | Posted over 7 years ago

 

I HAVE CARRIED THE ASP SINCE 2001 AND FORTUNATELY NOT HAD TO USE IT AS OF YET, BUT, I WOULD THINK ON USE OF FORCE IT IS GOING TO BE BETWEEN OC SPRAY AND FIREARM USE AND WOULD HAVE TO BE USED WITH RESTRAINTS NATURALLY "IN REFERENCE TO ADRENALINE".IF USE OF FORCE IS NECESSARY AND YOU USE IT CORRECTLY, TRAINING SHOULD COVER YOU IN COURT IF A CITIZEN DECIDES THAT IT WAS UNNECESSARY TO HAVE BEEN USED ON HIM/HER. GOTTA THINK, WERE GOING HOME AT END OF SHIFT.

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Rate This | Posted over 7 years ago

 

People file civil suits like they're going out of style, so I can see that happening. As far as a suspect filing criminal charges against an officer, a criminal act would have to have been committed. An officer using an impact weapon to effect a legal arrest does not constitute a criminal offense.

Based on your reply, Badge, I guess that happens frequently in NJ? Sorry you have to deal with the added BS. We got room for a good officer in Texas if you're interested.

Misty_max50

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Rate This | Posted over 7 years ago

 

I have used my ASP Baton three times since May 3rd. All three times I was in a fight and all three times the suspect hit me or another officer. The use of force continuium is not going to fall in line everytime. Sometimes skipping a step is necessary. You never know when you will have to go directly from officer presence to deadly force. I fortunately have never had to use deadly force, which is why I am a fan of the tasar even though our Chief does not let us carry them. I think this tool is great and would have helped me in the last three fights I got into. Either way, you go home and the suspect goes to jail.

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Rate This | Posted over 7 years ago

 

I have never had this happen to me, but as an ASP instructor they will send a defense team and they have data to back up the officer if the force used was resonable and neccesarry. If you are interested Armament Systems & Procedures(ASP) will provide documentation, just give them a call.