NCJ Number
146590
Date Published
1993
Length
47 pages
Annotation
This analysis of police use of Oleoresin Capsicum (OC) as a nonlethal spray intended to allow police to take suspects into custody without harm to the officer or the civilian concludes that the use of this product raises clear constitutional issues.
Abstract
OC is also known as pepper spray and is being used by 192 of California's 450 law enforcement agencies. However, its use may not meet constitutional standards regarding use of force, due process, and equal protection. Health effects of pepper spray are unknown, particularly on persons who are mentally ill, asthmatic, obese, or drugged. The combined effect of pepper spray and police restraint techniques is also unknown. Incomplete data also suggest that at least in Los Angeles, pepper spray may be used disproportionately on African-Americans. Further data suggest that OC's effectiveness is lower than the 90 percent suggested in some police reports and manufacturer's literature. To address these and other issues, California's Department of Justice should order an immediate investigation of all seven deaths known to have occurred in people sprayed with OC and should examine the need for revision of the standards on OC use. Additional recommendations, table, reference notes, and appended list of additional reports