E-Newsletter Online Legal Questions Answered:

Question Title: "In-Custody Deaths and Excited Delirium"

E-Newsletter Edition: August 1, 2007

Always note that state law may be more restrictive on police power than the U.S. Constitution.

QUESTION:
Could you provide input or guidance on in-custody deaths alleged to be the result of Excited Delirium?

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ANSWER:
Excited delirium has a number of causes and in most cases, the officers interaction is only one factor-the real issue is whatever is causing the excited delirium. There are lots of causes, not just drugs. Many deaths over the years, blamed on other causes i.e choke holds, positional asphyxia, pepper-spray and Taser, are actually excited delirium deaths.

The following resources can provided further input on in-custody deaths and Excited Delirium.

• Taser Technology Review Final Report


• Understanding the dynamics of sudden in-custody deaths


• Deaths during police intervention


• Human Effectiveness and Risk Characterization of the Electromuscular Incapacitation Device - A Limited Analysis of the TASER

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