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Technology Liability Considerations

NCJ Number
172493
Journal
Police Chief Volume: 65 Issue: 5 Dated: (May 1998) Pages: 53-55
Author(s)
R E Cansler
Date Published
1998
Length
3 pages
Annotation
This article provides guidelines for police departmental policy designed to avoid liability in the use of a specific technology, particularly that which impacts upon the social control of citizens.
Abstract
There are a number of things police departments can do to avoid successful liability suits that involve the police use of technology. First, document research on technological development. The regional Law Enforcement and Corrections Technology Centers recently created by the National Institute of Justice are useful resources in this process. Second, review the insurance needs of the department. Some technology manufacturers carry insurance that provides the user with legal assistance and reimbursement for damages awarded in liability actions. Obtain and keep a manufacturer's insurance certificate and determine the scope and breadth of the coverage provided. Third, adopt and enforce written guidelines on the use of all technology. A department's failure to follow its own guidelines will provide some of the best evidence of negligence. Fourth, involve and educate the community about police use of various technologies; and fifth, use manufacturer/distributor-approved training. Finally, document training in the use of the technology and verify the field use of the technology. With technology designed for use in force situations or the interruption of motor vehicle chases, it is prudent to require a written report of each use of the technology.

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