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Thursday, May 23, 2013 | 5:24 p.m.

Updated: 9:10 p.m. Wednesday, Dec. 30, 2009 | Posted: 8:19 p.m. Wednesday, Dec. 30, 2009

Federal Appeals Court Decides When Officers Should Use Tasers

The 9th U.S. Circuit Court of Appeals has ruled that officers should only use Tasers in threatening situations. The decision sets a precedent which could force law enforcement agencies across the country to rethink their use of force policies.

The El Paso Police Department's use of force policy allows officers to use Tasers only when they face active resistance.

"When someone's fighting us or something like that," said Sgt. Chris Mears, of the El Paso Police Department.

The policy falls under the federal appeals court decision. But El Paso police are not subject to ruling either way because it was made in a different jurisdiction.

"There's a lot of things that the 9th Circuit decides that no other circuit agrees with and doesn't end up applying unless the Supreme Court goes one way or the other on it," said Mears.

Some El Pasoans believe the federal appeals court went too far anyway.

"I think they should be able to use Tasers first and foremost before they go on to any other kind of weapons and be able to use it at their discretion," said Judy Estrada, of west El Paso.

While others believe the use of Tasers should be looked at carefully.

"We don't really know what they did to cause them to use it on them," said Priscilla Marquez, of west El Paso. "So we really have to look at the facts, see why they determined to use it on them."

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