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HomeMy WebLinkAbout0309 - USE OF LESS LETHAL DEVICE - TASERRed Wing Police Department Policy SUBJECT: POLICY NUMBER POLICE41 USE OF LESS LETHAL DEVICE: TASER CONDUCTED 309 ELECTRICAL WEAPON EFFECTIVE DATE City0f Aril 11, 2018 RED WING Minnesota REFERENCE(S): APPROVED BY: CHIEF ROGER D. POHLMAN ENACTED DATE April 11, 2008 PURPOSE: The purpose of this policy is to provide operational procedures and guidelines for the deployment of the Taser CEW, a less -lethal device. Law enforcement recognizes that combative, armed and/or activly violent/ resistant subjects that could be a danger to self or others may cause handling and control problems that may require special training and equipment. Therefore, officers need to be trained and equipped to use less -lethal force options to assist with the control of the subject and/or defense of the Officer in these potentially violent confrontations, when these less -lethal options can be used without compromising the safety of department members and/or the general public. DEFINTIONS A. LESS -LETHAL FORCE: A concept of planning and force application, which meets operational objectives, with less potential for causing death or serious physical injury than traditional deadly force options. B. TASER CONDUCTED ELECTRICAL WEAPON (TASER): For the purpose of this policy, "Taser" or "CEW' refers to the X26P. The Taser is a "conducted electrical weapon" authorized in Minnesota by statute, for use by police officers. See M.S.S. 624.731, subd. 6. The X26P Taser is a portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current. C. SUBJECT: The person who is the focus of the police operation. 2. PROHIBITIONS Officers who have received and successfully passed departmental approved training shall display and use the Taser only as permitted by the department, and said device shall not be displayed or used except in the course of official police duties. A. The department approved Taser is the only conducted electrical weapon approved for police use by members of the Red Wing Police Department. B. Only qualified and trained police personnel shall carry and have authority to use the Taser. Page 1 of 6 USE OF LESS LETHAL DEVICE: TASER CONDUCTED ELECTRICAL WEAPON -POLICY 309 C. No modification to the Taser CEW shall be made without the express permission of the Department Training Coordinator who holds a current Taser Instructor qualification. D. The frivolous display and use of the Taser is prohibited. E. The Taser shall not be used as an interview or interrogation tactic. F. The Taser shall be used on those subjects who are actively resisting or higher. G. Caution will be given to those who are known or perceived to have an altered mental state, where use of the Taser could lead to serious injury or death. 2. JUSTIFICATION FOR USE The Taser is designed as a less -lethal weapon used as a means to control potentially violent or assaultive subjects. The device is not intended to be used to address disruptive behavior. The device shall be used in accordance with departmental training and procedural standards. The device WILL NOT be intentionally discharged to the head, throat, groin, used to escort or prod individuals, or used on handcuffed subjects refusing to enter a police vehicle or other police facility. Nor shall the device be discharged in hazardous material (volatile) environments unless reasonably necessary. Circumstances where a Taser may be used include but are not limited to: A. In the necessary defense of self or another from bodily injury when other means have failed to overcome the threat or would be impractical if used. B. To affect the arrest or legal action taken against another when active resistance is encountered and other means have failed or would be impractical if used. C. To subdue a person who has actively threatened bodily harm to themselves or another and other means have failed or would be impractical if used. D. When acting under the recommendations of the Red Wing Police Department resistance response guidelines. 3. PROCEDURE Whenever possible, the Taser should be used as part of a police response, with other law enforcement personnel ready to use other force options if appropriate. Department members will comply with resistance/response guidelines as presented in annual training and documented in the training lesson plans. This will include firing distance recommendations as noted in the manufacturer's reference material. Prior to the use of the Taser, if practical, officer(s) shall issue a warning to the subject and will announce "Taser" indicating the possible use of the Taser to fellow officers or bystanders. Page 2 of 6 USE OF LESS LETHAL DEVICE: TASER CONDUCTED ELECTRICAL WEAPON -POLICY 309 Officers assigned a Taser shall perform a function test in accordance with Taser guidelines/recommendations (which is once every 24 hours when on -duty) to verify adequate performance and operational integrity of the CEW. A Taser log download will be completed by the department training coordinator or certified Taser instructor; a minimal of once a year, and will provide documentation of the function test.. Officers below the rank of Captain assigned a Taser shall wear them at all times while on duty using department approved holsters. Department approved holsters shall be worn on officer duty belts or leg as appropriate which includes plain -clothes officers. An exception shall include but not be limited to Officers who are attending training that is outside of their normal patrol or investigative duties, or on modified duty/assignment. Taser will be carried on the opposite side (support side) from the firearm. 4. TARGET AREAS A. TASER — Officers shall attempt to hit the center mass area of the subject's torso. This gives the Officer the best chance of having a successful probe deployment. Department members will not intentionally target the subject's head, throat, breasts, chest, groin or other sensitive areas unless considered a deadly force situation. 5. MEDICAL EVALUATION Following any discharge of the Taser, to the extent reasonably practicable under the circumstances, the involved officer shall be alert to the apparent well being of the subject immobilized or incapacitated by the discharge. A. When the Taser is deployed, officers are to locate probes and wound site, and remove Taser probes and insulated wires as soon as safe and practical. B. Officers must offer medical treatment or exam to the subject whether actual probes were deployed or the Taser was used in "drive stun" mode only. If there is a request for medical treatment, the subject shall be brought to a medical facility as soon as safe and practical. C. Probes that have penetrated soft tissue areas such as the face, throat, neck, groin area, breast or other sensitive area will be removed by medical personnel. Subjects shall be transported to a medical facility as soon as practical. D. Removal of probes in other areas may be done by officer(s), unless the subject refuses to allow the officer to do this. If removal of probes requires exposure or contact with an intimate area, an officer or medical staff of the same sex should be utilized. If an officer of the same sex is not available, the subject shall be taken to a medical facility. Officers removing the probes shall use protective gloves to protect themselves against transfer of bodily fluids. If the subject does not give permission, they shall be transported to a medical facility as soon as practical to have the probes removed. E. All probes removed from suspects are to be placed into evidence by the officer using the Taser in accordance to Taser training guidelines. Page 3 of 6 USE OF LESS LETHAL DEVICE: TASER CONDUCTED ELECTRICAL WEAPON -POLICY 309 D. Any injuries as a result of the Taser being deployed shall be photographed and well documented in the deploying officer(s) report(s) unless circumstances do not allow. F. If a subject is brought to a medical facility for treatment or exam because of deployment of a Taser, officers shall complete a medical release form and submit it with the police report. 6. SAFETY CONSIDERATIONS A. The Taser will continue to cycle as long as the trigger is depressed when equipped with a standard power performance magazine (PPM). When the trigger is depressed and released immediately, the Taser will cycle for 5 seconds unless turned off manually. B. The Taser should not be used when a subject is in danger of falling from a significant height. C. The Taser should not be used when a subject is in or near water when the possibility of drowning exists. D. Officers must be aware of injury that may result in falling from a standing position after deployment of the Taser. E. The Taser should not be fired near flammable liquids and fumes. The Taser can ignite gasoline or other flammable items and should not be used where the likelihood of igniting these items is high. Some self-defense sprays are flammable and would be extremely dangerous to use in conjunction with the Taser. F. Officers are responsible for checking the expiration dates on their assigned cartridges. G. Proper consideration and care should be given when deploying the Taser on a pregnant woman, the obviously infirm, elderly, individuals with low body mass and other high risk populations. H. Officers are assigned individual Tasers, if officers choose to keep them at a place other than the police department, they shall make sure the Tasers are secure and not able to be discharged when not officially on duty. 7. DOWNLOADING OF TASER DATA After field deployment of the Taser it shall be the operator's responsibility to make notification to the department training officer so the Taser data can be retrieved. It shall also be the officers responsibility to leave the Taser in a safe and secure location at the police department where the Taser can be accessed by the department training officer (i.e department mailbox of officer deploying the Taser). A copy of the Taser log from Evidence Sync shall be attached to the resistance response report, and a copy will also be given to the officer who deployed the Taser. Annually, to document that the Taser was properly functioned test per Taser guidelines/recommendations. Page 4 of 6 USE OF LESS LETHAL DEVICE: TASER CONDUCTED ELECTRICAL WEAPON -POLICY 309 8. PROPERTY/EVIDENCE RETENTION Discharged Taser probes and cartridge components shall be collected as evidence. NOTE: Taser probes that are retrieved out of the skin of a subject shall be treated and labeled as a biohazard. All components are of evidentiary value. Collect as much as practical of the used cartridge (spent cartridge, wires, probes, AFIDS (cartridge identifying tags) at the scene of deployment. Probes will be placed in the spent cartridge in accordance to Taser training guidelines, and labeled as a biohazard. All other components found, such as wires, probes and AFIDS shall also be kept and placed into evidence along with the spent Taser cartridge and probes 9. TRAINING Officers will receive training on the Taser CEW in accordance to Taser guidelines and requirements. Tasers will be maintained by the department training officer or certified Taser instructor(s). 10. OFF-DUTY USE Officers will not carry their department issued Taser in an off-duty capacity unless working in such a capacity under the authority of the police department such as a private over -time detail. 11. OPERATIONAL REVIEW AND DOCUMENTATION The Chief of Police or their designee, and department Training Officer shall review the Resistance Response/Report after a Taser is used to ensure compliance with departmental policies, and Taser guidelines. Tactical uses of the Taser will be documented as follows: A. Incident Report B. Resistance/Response Report Page 5 of 6 USE OF LESS LETHAL DEVICE: TASER CONDUCTED ELECTRICAL WEAPON -POLICY 309 USE OF LESS LETHAL DEVICE: TASER CONDUCTED ELECTRICAL WEAPON — Policy 309 Summary of Changes: Policv Effective Date: Chanaes April 11, 2018 - Grammatical corrections, clarifications throughout. - Change Policy number from 36 to 309. - Added Conducted Electrical Weapon to Title — Taser. - Changed X26 to X26P. - Section 3, final paragraph daily test logs are replaced with annual Taser download, documenting functional tests for the year. - Taser will be carried on the opposite side (support side) from the firearm. 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