This is the second time today I've seen the dreaded L-word (liability) crop up with the idea that it's preventing officers from using appropriate tools or tactics. And I can't count the times I've heard it crop up discussing why officers don't do things...
The baton is a very good, very useful tool that can be employed both to strike and to control a person -- with the right training. I admit; I've rarely used mine because I often move instinctively to my hands first. I think it's far superior to OC -- and in many cases, the Taser. OC only works so far as the sprayed subject cares that they're experiencing it's effects. Sure, their eyes close involuntarily and they cough and hack... but that doesn't really STOP a person who wants to fight. (It just makes them more ornery as they finally calm down...) Batons don't need to be reloaded, like the Taser.
Liability is a different thing... You're liable for what you do, whether it's talk to someone or shoot them -- and anything in between. But if you know the laws, and the rulings, and understand your GOs, and work within all of them, you'll be fine. The key is to understand that -- and then do what you have to. In the DT realm, that means whatever tool is most likely to give you quick, effective control without crossing the line into excess, so that you can go home at the end of the shift. You're not required to wait for them to hit you -- and often, stopping them before they strike means you'll use LESS force, and be in better graces with IA.
What scares me is the idea that I've got brothers and sisters on the streets courting injury or worse because they're afraid to take action.
