One of law enforcement's favorite tools in "controlling" civilian behavior in the last few years has been the use of "pepper spray," most commonly a derivative of actual hot peppers mixed with a propellant. Effects include difficulty in breathing and a painful stinging in the eyes. The California ACLU has noted that many cases in which suspects have died in custody with respiratory problems (or what is now being tagged by police as "in custody sudden death syndrome") the suspects have been sprayed with pepper spray.
The chemical name for the spray is Oleoresin Capsicum. The man who is primarily responsible for introducing the spray to the law enforcement community, former FBI agent Thomas Ward, was sentenced in May to two months in prison and three years probation for taking kick-backs from the company that produces a particular brand known as Cap-Stun. The FBI acknowledged on the day of the sentencing that "pepper spray should only be used by persons in generally good health," despite backing the core of its former research (Policing By Consent, June 1996).
In Berkeley, California, COPWATCH successfully persuaded the Police Review Commission to recommend a suspension on the use of pepper spray. The police refused to comply. A vote was taken in Berkeley City Council on Sept. 17, but we have no word yet what happened at that meeting.
In Portland, members of the Toxicology Information Center (TIC) of the Center for Research on Occupational and Environmental Toxicology (CROET) at Oregon Health Sciences University (OHSU) have agreed to look into the possible toxic and other physiological effects of oleoresin capsicum. In a letter dated August 23, Jerome Schnell, Ph.D., wrote Chief Moose, Mayor Katz, and PIIAC (Portland's Police Internal Investigations Auditing Committee) letting them know they intended to begin research. "The use of pepper spray by law enforcement professionals," writes Dr. Schnell, "could prove to be hazardous to police officers as well as having unpleasant effects for suspects. Most suspects are going to be exposed to the spray and its effects for a short time on one occasion. However, Police officers who must use pepper spray repeatedly in their jobs might be exposed to long-term effects that have yet to be defined."
Schnell's initial search will be to find existing "medical, sociological, and law enforcement literature," but he plans to apply to the National Institute for Justice for money to do exhaustive research.
We will keep you posted as we learn of new developments. While pepper spray is better than a billy club upside the head, sudden asphyxiation of a civilian or longterm illnesses in police officers are not acceptable risks.
People's Police Report #10 Table of Contents