More On Threat Or Intimidation

“The California Commission on Peace Officer Standards and Training, which advises police agencies and officers statewide, says pepper spray "can have very serious and debilitating consequences," and "should only be generally used as a defensive weapon" and never to intimidate or retaliate. …

"Using pepper spray on persons who are wholly passive seems like excessive force," said Rory Little, a law professor at UC Hastings in San Francisco. But if officers testify that they felt threatened, he said, "it's going to be a jury question" as to whether they overreacted.”