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New Year Brings New Police Procedure

January 11th, 2014 at 11:24 am

The New Year is here, and with it come new laws and regulations that are going into effect. One change that could be especially relevant for criminal defendants involves new training for law enforcement in the use of Taser guns. According to WICS, who recently reported on the change, a new law went into effect on January 1st, 2014, and requires more training for police officers who may use Tasers on a suspect.

Taser gun IMAGEThe new law also requires police departments to keep detailed records of their training related to Taser use and when they are used in a confrontation with a potential defendant. In the event a police officer uses a Taser on a suspect, the officer will then be required to collect certain information from the suspect.

Some law enforcement agencies reported that it had already been their practice to keep records similar to those required by the law for the last seven years, and also regularly practiced displaying Tasers when an officer had one in his or her possession, something which was not required under the old rules. Displaying the Taser involves removing it from its holster and making sure the suspect sees it as if the officer is going to use it. At times, the suspect may start complying with law enforcement after seeing it and the officer can then secure it in the holster again without having to use it. Then, the protocol is for the officer to complete paperwork stating that they displayed the Taser, the suspect complied, and was not tased.

Under the new rule, all of the data kept by police departments will be required to be turned over to the Illinois Criminal Justice Information Authority, who in turn will present a report containing the relevant information to the governor of the state of Illinois and the Illinois legislature.

While not all changes in police procedure may have a significant impact on the rights of a criminal defendant, violations of procedure could very well affect the outcome of a criminal case.  It is best to consult with an experienced Chicago criminal defense attorney who can discuss your case with you and protect your rights. Our attorneys have experience defending citizens in many types of criminal law cases, and we can advise you on the specific facts of your case. Contact us today for a consultation.

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