How to Assess the Performance of Pepper Spray in Use-Of-Force Encounters

Pepper spray is a device frequently used by law enforcement and security officers to disperse crowds and to disable violent suspects. Pepper spray has advantages over other weapons such as batons and firearms from a legal standpoint because pepper spray does not leave any lasting effects on its target. Pepper spray causes painful and swollen eyes, breathing difficulties and a sensation of burning skin. Assessing the effectiveness of pepper spray in a use-of-force encounter requires examination and investigation.

Instructions

• 1

  Read any official policies that are in effect regarding the proper use of pepper spray. If proper procedure was not followed, the performance of the pepper spray application should not be considered exemplary, and the incident should result in the policy being modified.

• 2

  Examine the effect on the subject. If the target had been acting in a violent or aggressive fashion and was stopped by the pepper spray, the use of the device was successful.

• 3

  Consider the suspect's physical state at the time of the encounter. If the target was intoxicated or on drugs, the pepper spray may have been less successful than it might have been, even if it was applied correctly.

• 4

  Research any collateral damage. Pepper spray can be imprecise in crowd control because the particles can spread through the air and affect people who were not targeted. Collateral damage should always be avoided whenever possible because it opens up a further possibility of lawsuit.

• 5

  Ask if there were other less-intrusive methods available to halt the suspect. For example, if the suspect was not given a verbal warning prior to being sprayed, the pepper spray may have not been necessary, since a verbal warning may have sufficed to halt the aggressive behavior.

• 6

  Estimate the probable outcome of the situation had pepper spray not been used. This requires some guesswork and is therefore imprecise, but if it appears that a violent action was halted due to the use of pepper spray, it should be considered a successful application of force.