Electronic Control Weapon

Transcription

1 Plicy 304 Electrnic Cntrl Weapn PURPOSE AND SCOPE This plicy prvides guidelines fr the issuance and use f electrnic cntrl weapns (ECWs) POLICY The electrnic cntrl weapn is intended t cntrl a vilent r ptentially vilent individual, while minimizing the risk f serius injury. The apprpriate use f such an ECW shuld result in fewer serius injuries t fficers and suspects ISSUANCE AND CARRYING ELECTRONIC CONTROL WEAPONS Only members wh have successfully cmpleted department-apprved training may be issued and carry the electrnic cntrl weapn. ECWs are issued fr use during a member s current assignment. Thse leaving a particular assignment may be required t return the ECW t the Department s inventry. Officers shall nly use the ECW and cartridges that have been issued by the Department. Members carrying the ECW shall perfrm a spark test fr a standard cycle prir t every shift. When carried while in unifrm, fficers shall carry the ECW in an apprved supprt-side-draw belt hlster n the side ppsite the duty weapn. An apprved thigh hlster may be used in place f the belt hlster. The crss draw psitin using nly the supprt-side hand is permitted. Tactical Team members may use apprved hlstering systems that meet the specific needs f their tactical equipment and special peratins. All ECWs shall be clearly and distinctly marked t differentiate them frm the duty weapn and any ther weapn. Whenever practicable, fficers shuld carry tw r mre cartridges n their persn when carrying the ECW. Officers shall be respnsible fr ensuring that their issued ECW is prperly maintained and in gd wrking rder. Officers shall nt simultaneusly draw and hld an ECW and any firearm. Officers shall nt take a nn-wrking ECW int the field. Any nn-wrking ECW shall be turned in t the ECW crdinatr in the Training Sectin as sn as practical. Any member wh discvers a nn-wrking ECW shall ntify their immediate supervisr withut delay. Officers shall nt alter ECWs in any way. Electrnic Cntrl Weapn - 1

2 304.4 VERBAL AND VISUAL WARNINGS A verbal warning f the intended use f the electrnic cntrl weapn shall precede its applicatin, unless it wuld therwise endanger the safety f fficers r when it is nt practicable due t the circumstances. The purpse f the warning is t: Prvide the individual with a reasnable pprtunity t vluntarily cmply with the directives f the fficer. Prvide ther fficers and individuals with a warning that the ECW may be deplyed. If, after a verbal warning, an individual is unwilling t vluntarily cmply with an fficer s lawful rders and it appears bth reasnable and feasible under the circumstances, the fficer may, but is nt required t, display the electrical arc (prvided that a cartridge has nt been laded int the ECW), r the laser in a further attempt t gain cmpliance prir t the applicatin f the ECW. The aiming laser shuld never be intentinally directed int the eyes f anther as it may permanently impair his/her visin. The fact that a verbal r ther warning was given r the reasns it was nt given shall be dcumented by the fficer deplying the ECW in the related reprt USE OF THE ELECTRONIC CONTROL WEAPON The electrnic cntrl weapn has limitatins and restrictins requiring cnsideratin befre its use. The ECW shuld nly be used when its peratr can safely apprach the subject within the peratinal range f the ECW. Althugh the ECW is generally effective in cntrlling mst individuals, fficers shuld be aware that the ECW may nt achieve the intended results and be prepared with ther ptins APPLICATION OF THE ELECTRONIC CONTROL WEAPON The electrnic cntrl weapn may be used when the circumstances perceived by the fficer at the time indicate that such applicatin is reasnably necessary t vercme ne s resistance and effect an arrest r ther lawful seizure. Flight alne frm a pursuing fficer, withut ther reasnable circumstances r factrs, is nt cause fr the use f the ECW t cntrl an individual. An applicatin is each time the trigger is depressed n the ECW. A standard cycle is five secnds. Sparking r testing f the ECW is nt a use f frce DEPLOYMENT CONSIDERATIONS The use f the electrnic cntrl weapn n certain individuals shuld be avided unless ther ptins appear ineffective r wuld present a greater danger t the fficer, the subject r thers, and the fficer believes that the need t cntrl the individual utweighs the risk f using the ECW. This includes: Pregnant Wmen: Officers shall nt use the ECW against a wman wh the fficer knws, r reasnably believes, t be pregnant. Electrnic Cntrl Weapn - 2

3 Children Ten r Yunger/Elderly peple: Officers shall nt use the ECW against a persn wh the fficer knws, r reasnably believes, t be the age f ten (10) r yunger r ver the age f seventy (70), due t ptential fr falling when incapacitated. Physically Disabled: The ECW shall nt be used against knwn r visibly disabled subjects unless reasnable alternatives wuld pse a greater safety risk t the subject and/r cause serius injuries t fficers. Peple in a wet envirnment, where there is a greater ptential f drwning. Peple displaying symptms f excited delirium LEGAL CONSIDERATIONS The use f an electrnic cntrl weapn is frce, subject t Furth Amendment cnsideratins and must be legally justified. When cnsidering the use f an electrnic cntrl weapn fficers shall cnsider the fllwing: Severity f the crime at hand. Whether the suspect pses an immediate threat t the safety f the fficers r thers; and Whether the suspect is actively resisting arrest r attempting t evade arrest by flight ADDITIONAL CONSIDERATIONS In additin t these cnsideratins, members shall cnsider the fllwing frce standards as they relate t the deplyment f an electrnic cntrl weapn: Each applicatin f an electrnic cntrl weapn is a use f frce and must be independently justified. Multiple applicatins and prlnged applicatins are allwed nly under articulable exigent circumstances. Multiple applicatins f an electrnic cntrl weapn beynd three five-secnd applicatins cannt be justified slely n the grunds that a subject fails t cmply with a cmmand, absent ther indicatins that the subject is abut t flee, r pses an immediate threat t an fficer. Fleeing in and f itself des nt justify ECW deplyment. Any decisin t apply multiple applicatins f an electrnic cntrl weapn must take int cnsideratin whether a subject understands and is able f cmplying with the fficers cmmands. If the circumstances f exigency allw, fficers shall give a verbal warning t the subject prir t each applicatin f the electrnic cntrl weapn. Officers shall give the suspect time t recver frm the effects f each applicatin f the electrnic cntrl weapn. Officers shall give the suspect a reasnable pprtunity t cnsider the cnsequences f his/her refusal t cmply with cmmands befre each electrnic cntrl weapn applicatin PROHIBITED USE The ECW shall nt be used in any unauthrized r unprfessinal manner such as: On an uncnscius persn. As a prd r escrt weapn. On a persn wh is passively resisting. Electrnic Cntrl Weapn - 3

4 (g) (h) T ruse uncnscius, impaired, r intxicated individuals. On persns wh are restrained unless they are actively resisting and their actins present an immediate threat f injury r death t fficers, third parties, r themselves. Against a persn wh is at an elevated lcatin (tree r rf tp) where a fall may cause substantial injury r death. Against an peratr in physical cntrl f a vehicle in mtin, including autmbiles, trucks, mtrcycles, ATVs, bicycles, and scters, unless exigent circumstances exist. Against a subject wh is in clse prximity t a flammable gas r liquid. Examples where these circumstances might exist are the fllwing: Vehicle cllisins with fuel leaks Methamphetamine lab investigatins Incidents that ccur at gas statins Suicidal persns wh plan t use gasline r ther flammable liquids r chemicals t kill themselves TARGETING CONSIDERATIONS Reasnable effrts shuld be made t target lwer center mass and avid the head, neck, chest and grin. The preferred applicatin f the ECW cartridge shuld be deplyed t have ne prbe abve the belt line and ne prbe belw the belt line. The ECW shuld be deplyed int larger muscle grups with the back being the mst preferred target area. If the dynamics f a situatin r fficer safety d nt permit the fficer t limit the applicatin f the ECW prbes t a precise target area, fficers shall mnitr the cnditin f the subject if ne r mre prbes strikes the subject until examined by paramedics r ther medical persnnel. Because the applicatin f the ECW in the drive-stun mde (i.e., direct cntact withut prbes) relies primarily n pain cmpliance, the use f the drive-stun mde generally shuld be limited t supplementing the prbe-mde t cmplete the circuit, r as a distractin technique t gain separatin between fficers and the subject, thereby giving fficers time and distance t cnsider ther frce ptins r actins MULTIPLE APPLICATIONS OF THE ELECTRONIC CONTROL WEAPON Each applicatin f the ECW is cnsidered a use f frce. Officers shuld apply the electrnic cntrl weapn fr ne standard cycle and shall cnstantly evaluate befre applying any subsequent cycles. A standard cycle is five secnds. N mre than three five-secnd cycles shall be used n an individual in the absence f articulable exigent circumstances. Multiple applicatins f the ECW against a single individual are generally nt recmmended as it may suggest that such applicatin was ineffective; it shuld be avided unless the fficer believes the need t cntrl the individual utweighs the increased risk psed by multiple applicatins. If the first applicatin f the ECW appears t be ineffective in gaining cntrl f an individual, the fficer shuld cnsider certain factrs befre additinal applicatins f the ECW, including: Whether the prbes are making prper cntact. Electrnic Cntrl Weapn - 4

5 Electrnic Cntrl Weapn Whether the individual has the ability and has been given a reasnable pprtunity t cmply. Whether verbal cmmands, ther ptins r tactics may be mre effective. A sl fficer with delayed cver. Cntinued resistance by the suspect. Presence f an accessible weapn Officers must always assess the effectiveness f any frce ptin they emply and escalate r de-escalate as apprpriate. Officers shall nt intentinally cause a subject t be under the pwer f multiple ECWs simultaneusly ACTIONS FOLLOWING DEPLOYMENTS Officers shall ntify a supervisr f all electrnic cntrl weapn discharges. AFID (Anti Feln IDentificatin) tags shall be cllected if lcated and the expended cartridge, alng with bth prbes and wire, shall be submitted int evidence. The cartridge serial number shuld be nted and dcumented n the evidence paperwrk. The evidence packaging shuld be marked "Bihazard" if the prbes penetrated the subject s skin. Once the subject is taken int custdy, restrained, and searched, he/she shuld be placed in a face up (supine) r seated psitin t assist breathing. Face dwn restraint psitins fr extended perids f time shuld be avided whenever pssible. If medical persnnel are nt already n-scene r en rute, a Cde 3 medical respnse shall be rdered via Cmmunicatins Divisin as sn as practical. At least ne fficer shall be assigned t cntinually mnitr the subject s physical cnditin until relieved by emergency medical persnnel. Officers shuld immediately ntify supervisrs f any breathing difficulties r any ther physical and/r mental state changes DANGEROUS ANIMALS The electrnic cntrl weapn may be deplyed against an animal as part f a plan t deal with a ptentially dangerus animal, such as a dg, if the animal reasnably appears t pse an imminent threat t human safety and alternative methds are nt reasnably available r wuld likely be ineffective OFF-DUTY CONSIDERATIONS Officers are nt authrized t carry department electrnic cntrl weapns while ff-duty. Officers shall ensure that ECWs are secured while in their hmes, vehicles r any ther area under their cntrl, in a manner that will keep the ECW inaccessible t thers DOCUMENTATION Officers shall dcument all electrnic cntrl weapn discharges in the related arrest/crime reprt. Ntificatin shall als be made t a supervisr in accrdance with the Use f Frce Plicy. Unintentinal discharges, will be reprted t a supervisr and the ECW Crdinatr. Electrnic Cntrl Weapn - 5

6 The ECW Crdinatr shuld peridically analyze the reprt frms t identify trends, including deterrence and effectiveness, and cnduct audits f data dwnlads MEDICAL TREATMENT Absent extenuating circumstances, nly apprpriate medical persnnel shall remve electrnic cntrl weapn prbes frm a persn s bdy. Officers may remve prbes when cnnected nly t the persns clthing. Used ECW prbes shall be treated as a sharps bihazard, similar t a used hypdermic needle, and handled apprpriately. Universal precautins shuld be taken. All persns wh have been struck by electrnic cntrl weapn prbes r wh have been subjected t the electric discharge f the ECW shall be medically assessed prir t bking. Additinally, any such individual wh falls under any f the fllwing categries shuld, as sn as practicable, be examined by paramedics r ther qualified medical persnnel: The persn is suspected f being under the influence f cntrlled substances and/r alchl. The persn may be pregnant. The persn reasnably appears t be in need f medical attentin. The ECW prbes are ldged in a sensitive area (e.g., grin, female breast, head, face, neck). The persn requests medical treatment. All subjects shall be transprted t a medical facility fr examinatin r medically evaluated prir t bking. If any individual refuses medical attentin, such a refusal shuld be witnessed by anther fficer and/r medical persnnel and shall be fully dcumented in related reprts. The transprting fficer shall infrm any persn prviding medical care r receiving custdy that the individual has been subjected t the applicatin f the electrnic cntrl weapn SUPERVISOR RESPONSIBILITIES A supervisr shall respnd t all incidents where the electrnic cntrl weapn was deplyed at a persn. A supervisr shall review each incident where a persn has been expsed t an activatin f the ECW. The ECW s nbard memry shall be dwnladed thrugh the data prt and saved with the related arrest/crime reprt. Phtgraphs f prbe sites shall be taken and witnesses shall be identified and interviewed TRAINING Persnnel wh are authrized t carry the electrnic cntrl weapn shall be permitted t d s nly after successfully cmpleting the initial department-apprved training. Any persnnel wh have nt carried the ECW as a part f their assignment fr a perid f 12 mnths r mre shall be recertified by a department-apprved electrnic cntrl weapn instructr prir t again carrying r using the ECW. Prficiency training fr persnnel wh have been issued ECWs shall ccur every mnths. A reassessment f an fficer s knwledge and/r practical skill may be required at any time if Electrnic Cntrl Weapn - 6

7 deemed apprpriate. All training and prficiency fr electrnic cntrl weapns will be dcumented and retained by the Training Sectin. The ECW Crdinatr shall ensure that all training includes: A review f this plicy. A review f the Use f Frce Plicy. Perfrming weak-hand draws t reduce the pssibility f unintentinally drawing and firing a firearm. Target area cnsideratins, t include techniques r ptins t reduce the unintentinal applicatin f prbes near the head, neck, chest and grin. (g) (h) Handcuffing a subject during the applicatin f the ECW and transitining t ther frce ptins. De-escalatin techniques. Restraint techniques that d nt impair respiratin fllwing the applicatin f the ECW. Actual deplyment and use f an ECW. Electrnic Cntrl Weapn - 7