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LAW OirICES <br />WORST. PEARSON. HAMILTON. LARSON & UNDERWOOD <br />..+...a•a... •• •.e1868,0- .a•oc.—o.• <br />A TrOMAS WUMOV. ►A <br />Cwnv-a A PCANSON.►A. <br />JOsVw E MAYI,TO4. P A. <br />-)AMC* O L^080N. P A. <br />TNOI+ASF UNO(aw000. PA. <br />110.0[w J rCLLOwg <br />1100 rIOST @ANM ILACL WEST <br />MINNEAPOLIS. NINNESOTA SS402 <br />Chief Don Davis <br />Brooklyn Park Police T eDartment <br />5700 - 85th ALvenue North <br />Brooklyn Park, NIN 55443 <br />Re: Nova X R-5000 <br />©ectronic Device <br />Dear Chief Davis: <br />Nove mher 20, 1984 <br />T(L(PMON( <br />C• t_ SAO -800 <br />You have advised me that several of your officers have expressed an interest <br />In carryinq the XR-5000 electronic device. You have provided me with materials <br />prcKlueec. by Nova Technologies, Inc., the manufacturer, together with other information <br />from and about other departments and other law enforcement agencies currently <br />employing the XR-5000. In addition, I have received information from the St. Louis <br />County Attorney's office. i also have a copy of Dr. T.il;a's opini,)n letter of October 29, <br />1984, wherein he indicates that there is not a high degree of risk associated with the <br />XR-5000, if it is used in accordance with the manufacturer's directions. Dr. Lilja <br />concluded that Dro,)er use of the Nova XR-5000 would be less likely to result in injury <br />than the proper use of other available weapons such as physical blows to assailants. <br />The legal issue presented by the use of the XR-5000 is whether its use constitutes <br />the use of r"sonahle face as authorized by Minn. S_tat. 609.06. Section 609.06 provides <br />in relevant part - <br />Authorized use of force <br />Rea9onable force may he used upon or toward the person of <br />another without his consent when the following circumstances <br />exist or the actor reasonably believes them to exist: <br />(1) When uFed by a publ officer or one assisting <br />him ender his direc —on: <br />(a) In effecting a lawful arrest; or <br />(b) in the execution of legal process; <br />or <br />(e) in enforcing an order of the court; <br />or <br />(d) In executi rg anv other duty im- <br />posed upon him by law <br />