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PEPPER SPRAY AFTER CONCORD: LEGAL ISSUES FOR POLICY MAKERS

NCJ Number
146597
Author(s)
R Trimmer
Date Published
1993
Length
8 pages
Annotation
This analysis of police use of aerosol sprays containing oleoresin capsicum (OC) and the circumstances surrounding the death of a suspect sprayed with OC (pepper spray) in North Carolina in July 1993 concludes that police agencies should tell their officers to continue using the sprays in accordance with current training and policy guidelines.
Abstract
In addition, police agencies should closely monitor the medical condition of all persons who have struggled significantly or tried to run. The final autopsy report on the death of Angelo Robinson while in Concord police custody has not been released. Pepper spray has been used several thousand times in North Carolina in the past 2 years. Police agencies have reported declines in the use of batons and impact weapons, injuries to police officers, citizen injuries, and citizen complaints regarding police use of force. It is unlikely that pepper spray caused Robinson's death, but police agencies must be aware of liability issues. Training and written policy must focus on the constant monitoring of prisoners after a struggle, as well as prompt recognition of a medical crisis. Police should know that misuse that violates training guidelines will result in disciplinary action. Police may also require additional training regarding open hand control techniques. Finally, spraying each officer during training tends to increase respect for the spray and promote a cautious approach to its use.