More than a decade before last week’s videotaped incident at UC Davis, a federal appeals court ruled in the case of North Coast logging protesters that officers can legally use the caustic chemical only to prevent harm to themselves or someone else. The California Commission on Peace Officer Standards and Training, which advises police agencies and officers statewide, says pepper spray “can have very serious and debilitating consequences,” and “should only be generally used as a defensive weapon” and never to intimidate or retaliate… Pepper spray violates constitutional standards when it’s “used as a chemical cattle prod on nonviolent protesters,” said Margaret Crosby, an American Civil Liberties Union lawyer who took part in the Humboldt case. But Walnut Creek attorney Harry Stern, who has represented police officers, said pepper spray represents “a very, very low use of force” that may be justified when officers face resistance.

Read full article [here].
by Bob Egelko, The San Francisco Chronicle.

Posted: November 23rd, 2011, by: admin. Categories: . Awaiting Comments.