Los Angeles Police Department Use Of Force-Tactics Directive 4.6 PDF

Directive No. 4.6 August 2021 ELECTRONIC CONTROL DEVICE TASER 7 PURPOSE The purpose of this Directive is to familiarize officers with the use, nomenclature, and operation procedures of the TASER 7. PROTOCOL The Department’s guiding principle when using force shall be reverence for human life. Off...

Directive No. 4.6 August 2021 ELECTRONIC CONTROL DEVICE TASER 7 PURPOSE The purpose of this Directive is to familiarize officers with the use, nomenclature, and operation procedures of the TASER 7. PROTOCOL The Department’s guiding principle when using force shall be reverence for human life. Officers shall attempt to control an incident by using time, distance, communication, and available resources in an effort to de-escalate the situation, whenever it is safe, feasible and reasonable to do so. When warranted, Department personnel may use objectively reasonable force to carry out their duties. Officers who use unreasonable force degrade the confidence of the community we serve, expose the Department and fellow officers to physical hazards, violate the law and rights of individuals upon whom unreasonable force or unnecessary deadly force is used, and subject the Department and themselves to potential civil and criminal liability. Conversely, officers who fail to use force when warranted may endanger themselves, the community, and fellow officers. Officers may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance. An officer may use the Taser as a reasonable force option to control a suspect when the suspect poses an immediate threat to the safety of the officer or others. Less-Lethal force options shall not be used on a suspect or subject who is passively resisting or merely failing to comply with commands. Verbal threats of violence or mere non-compliance do not alone justify the use of less-lethal force. An officer's decision to draw, exhibit, or use the TASER should be based on the tactical situation and/or the suspect’s actions. In addition, generally, an officer shall give a verbal warning prior to using such force when feasible. Use of Force - Tactics Directive No. 4.6 Electronic Control Device – TASER 7 Page 2 Note: The TASER should not generally be used on a fleeing suspect. Officers should pursue and attempt to contain a fleeing suspect while continually assessing the situation and considering the most appropriate tactical plan. The TASER may also be effective against aggressive animals to protect officers or others from serious injury. Tactical Considerations • • Continually evaluate the situation Consider another force option if the TASER appears to be ineffective Avoid repeated TASER applications where practicable to avoid possible injury Officers who encounter an armed selfmutilating or suicidal individual shall not use • a TASER against that person, unless the officers reasonably believe the use of the TASER would not place the officers in a position which could escalate the situation to the use of lethal force. If officers choose to use a TASER in these situations, they should utilize distance and cover to avoid placing themselves in a vulnerable position. Deployment Considerations When practicable, officers should avoid using the TASER on individuals who: • • • • • • • Are on an elevated or unstable surface which could cause a fall that could result in a significant impact injury; Are operating or riding any mode of transportation; Are located in water, mud, or a marsh, and the ability to move is restricted; Are known to have a pacemaker, be pregnant, under 12 years of age, elderly, or visibly frail; Are near flammable or combustible fumes/liquids; Are handcuffed, restrained, incapacitated, or immobilized, unless doing so is necessary to prevent them from causing serious bodily harm to themselves, or others, and if lesser attempts of control have been ineffective; and, Are fleeing or running away, unless the suspect is an immediate threat to themselves or others (officers should continually assess the situation while considering the most appropriate tactical plan). Note: Officers should not intentionally activate more than one TASER at a time on the same suspect/subject. Use of Force - Tactics Directive No. 4.6 Electronic Control Device – TASER 7 Page 3 Use of Force Warning An officer shall, when feasible, give a verbal warning prior to using the TASER to control an individual. The warning is not required when an officer is attacked and must respond to the suspect’s actions. Additionally, if a tactical plan requires the element of surprise to stabilize the situation, a warning is not required. Examples of this would be a hostage situation or a subject threatening suicide. However, officers are reminded that the surprise/tactical element must still be needed at the actual time the TASER is deployed. The verbal warning should include a command and a warning of potential consequences of the use of force. The command should be similar to “drop the weapon” or “stop what you are doing” followed by a warning similar to “or we may use the TASER, and that may cause you injury.” The use or non-use of the warning shall be documented. The Non-Categorical Use of Force Report, Form 01.67.05, Use of Force Summary heading shall include: • • The name of the officer giving the warning; and, An explanation and appropriate justification for not using the warning. Statements that the “element of surprise was needed” or “for officer safety reasons” will not justify non-use of the warning. The explanation for non-use must: • • • Clearly articulate why the element of surprise was needed; Explain in detail any officer safety considerations; and, List all pertinent reasons that justify why the warning was not provided. The use of the warning, or the reasons for non-use will be factors considered in the determination whether the use of force was objectively reasonable. PROCEDURES The TASER shall be carried in a Department approved holster on the support side of the duty belt in either a cross draw or support side draw position. A TASER or cartridge should not be placed in a clothing pocket. The most effective way to use the TASER is in the “probe” mode. When the TASER is used in the probe mode, it has the ability to cause “neuro-muscular incapacitation” (NMI), which is the stimulation of the motor nerves causing uncontrollable muscle contractions that inhibit a suspect’s ability to perform coordinated movement. When used in the “drivestun” mode, the TASER causes localized pain to the suspect. In close quarter situations, an effective technique is to apply a drive-stun with a live cartridge. This “three-point or four-point” drive-stun technique requires the officer to deploy the cartridge from a minimum of two inches from the suspect to allow the probes Use of Force - Tactics Directive No. 4.6 Electronic Control Device – TASER 7 Page 4 to deploy. This minimal deployment distance alone will not likely cause an NMI effect. With the deployed cartridge activated and left in place, the officer then applies the drivestun away from the impact site of the probes. The spread between the probe impact site and the location of the applied drive-stun could have an effect similar to a probe deployment from a distance with a substantial probe spread, thus potentially causing NMI. Note: When used in drive-stun mode only, the TASER causes localized pain to the suspect and does not cause NMI on the same scale as “probe-mode” or the “three-point or four-point” drive-stun technique, and shall not be used on a suspect who is merely non-compliant. The optimal range of the TASER is 4-22 feet, split between the use of two distinct cartridges. The operating range of the Close Quarters “CQ” cartridge is 4-12 feet, while the operating range of the Stand Off “SO” cartridge is 12-22 feet. The area of the suspect/subject’s back, just below the neck, remains the preferred target area when practical. For frontal applications, officers should attempt to split the beltline area in an effort to place one probe above the waist and one probe below the waist for optimal effectiveness. When an officer needs a TASER, the officer shall broadcast the unit designation, location, and “Code Tom.” Once activated on a suspect or subject, the TASER activation duration is 5 seconds. During this period of incapacitation that the suspect/subject experiences, the arrest team should take positions of advantage to immediately control the suspect/subject and take them into custody minimizing and mitigating the need to use additional force. Because the Department recognizes that each tactical situation is unique and that officers must be given the flexibility to resolve tactical situations in the field, there is no pre-set limit of number of times the TASER can be used in a particular situation; however, officers should generally avoid repeated or simultaneous activations to avoid potential injury to the suspect. The Department looks to the objectively reasonable standard and the totality of the circumstances in determining the reasonableness of the force used, which may include the number of times a particular force option was utilized. Thus, officers must continually evaluate the situation they are in and the apparent effectiveness of the force option they have selected. If the force option they have selected does not appear to be effective, officers should consider transitioning to another, and potentially more effective, objectively reasonable force option. Requirement to Intercede When Excessive Force is Observed An officer shall intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject. Use of Force - Tactics Directive No. 4.6 Electronic Control Device – TASER 7 Page 5 Medical Treatment Whenever the TASER is used and the probes and/or electrodes make contact with the suspect’s clothing or skin, the suspect shall be examined by medical personnel. If the suspect loses consciousness, officers shall immediately request an ambulance. Note: Medical personnel shall include a doctor or a nurse at a contract hospital or jail dispensary. Reporting The use of a TASER is a reportable use of force when one or more of the probes and/or electrodes make contact with the suspect’s clothing or skin. If no contact is made, the circumstances shall be documented in the appropriate report such as a crime, arrest, or Employee’s Report, Form 15.07.00. Supervisors shall photograph all visible as well as complained of injuries, even when evidence of the injury is not present. Requirement to Report Potential Excessive Force An officer who is present and observes another officer using force that the present and observing officer believes to be beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances based upon the totality of information actually known to the officer, shall report such force to a superior officer. Data Downloads Supervisors shall dock the battery to download the data from the TASER after a reportable non-categorical use of force incident. Supervisors are required to ensure the TASER data is printed, scanned, and attached electronically to the use of force report. DEFINITIONS Probe Mode: Utilizes the TASER cartridge while attached to the TASER. Deploying the two probes attached to wires making contact with the suspect which could cause NMI. This is the most effective way to use the TASER. Drive-Stun/Direct-Stun: Two contacts on the cartridge or the TASER unit that conduct energy to affect the suspect’s sensory nerves causing localized pain. This feature may be used with or without a cartridge in place. If a cartridge is in place, the probes will deploy when the trigger is pressed. This is not the most effective way to use the TASER. The most effective way to use the TASER is in the probe mode. Three-Point or Four-Point Drive Stun: A technique where a drive stun is applied with a deployed live cartridge. After deploying a cartridge from a minimum of two inches from the suspect, the officer applies a drive-stun to an area of the body away from the probe TASER CHARACTERISTICS KEY POINTS Current Model • Department issued: AXON TASER 7 (green) • Occurs when a TASER causes involuntary stimulation of both the sensory and motor nerves It is not dependent on pain and can be effective on subjects with a high level of pain tolerance There are different levels of NMI ranging from limited area effects to significant body lockup The greater the spread of the probes, the higher likelihood of NMI The TASER may not achieve total NMI A subject may maintain muscle control, particularly in arms and legs (depending on many factors, including probe locations) Be prepared with other force options including a drive-stun follow up to spread NMI over a wider if necessary and when reasonably appropriate Drive stun alone will not usually achieve NMI, only localized pain • • Neuro-Muscular Incapacitation (NMI) • • • • • • Weapon Inspection/ Function Test • • • • • • • • • Holster Wearing • Function tests shall be conducted at the start of watch. The TASER should be spark tested for the full 5-second cycle DO NOT unload the TASER cartridge Point the TASER at a wall or other object away from other people. With the safety switch DOWN (off) press both Arc switches simultaneously. Keep your fingers away from the front of the TASER Check CID for battery life and current firmware Move the safety switch UP to the ARMED (on) position Press either or both Arc buttons and TASER will spark for 5 seconds. DO NOT PRESS THE TRIGGER. Pressing the trigger will deploy a cartridge After 5 seconds, verify on the Central Information Display (CID): o There are no fault icons o There are two cartridges present o There is sufficient battery capacity Place the safety switch in the DOWN (off) position Reholster the TASER Shall be worn on the support side of the duty belt in either a cross draw or support side draw position The current Department approved holster is produced by S.O. TECH. Additional holsters may be approved in the future UOF-TAC DIR NO. 4.6, 2021 TASER CHARACTERISTICS KEY POINTS • • • TASER Cartridges • • • • • • • • • The TASER 7 is a two-cartridge system. Immediate deployment of a second cartridge is possible (Adaptive Cross-Connect capabilities) There two types of deployment cartridges: o Close Quarters “CQ” – Black body, Range 4-12 feet, 12° spread o Stand Off “SO” – Gray body, Range 12-22, 3.5° spread Cartridges shall be carried “paired” with the same length cartridges. Officers SHALL NOT combine one SO cartridge with one CQ cartridge. It is the officer’s decision which cartridge pairing to carry in the TASER 7 and which pair to have staged in the magazine pouch of the holster. A training Inert cartridge is red capped There is only one way to install the TASER 7 cartridge – The imprint with serial number, cartridge degree, 2-D barcode and expiration date must be on top Safety and inspection of cartridges: Check that cartridge is intact No cracks in the cartridge Keep hands away from the front of cartridge Do not inadvertently point cartridge at yourself or anyone else All cartridges have an expiration date TASER cartridges are deployed by an electrical arc • Loading sequence: o Point the TASER in a safe direction o Ensure the safety switch is in the down (SAFE) position and your finger is not on the trigger or Arc switch(s) o Ensure the protective safety clip is removed from the TASER 7 cartridge o Keeping your hand away from the blast doors, gently push the TASER 7 cartridge into the cartridge bay until an audible click is heard o Verify that the cartridge is secure by pulling on the slides of the cartridge • Unloading sequence: o Point the TASER in a safe direction o Ensure the safety switch is in the down (SAFE) position and your finger is not on the trigger or Arc switch(s) o Keep your hands away from the front of the cartridges o With your thumb, press the release button Firmly pull the cartridges out of the bay by pulling on the sides of cartridges TASER Loading and Unloading UOF-TAC DIR NO. 4.6, 2021 TASER CHARACTERISTICS KEY POINTS • • • • • Deployment • • • De-Esclation Technique Considerations • The TASER should be deployed in the field with an additional cartridge either secured in a reload pouch attached to the holster The TASER is activated for 5-seconds by pressing and releasing the trigger The 5-second cycle can be terminated by placing the safety down. Avoid repeated TASER applications when practical to reduce the risk of injury Suspect can be touched while the TASER is activated except between or within 2-inches of the probes Within close quarters of the suspect, the TASER with cartridge can be deployed with a minimal spread of the probes. The effectiveness can be improved by applying a drive stun with the expended cartridge in place to a different area of the body away from the deployed probes during the 5-second cycle Good probe spread – recommended 12 inches Generally, officers should avoid using the TASER when the suspect: o is on an elevated/unstable surface o could fall and suffer impact injury o could fall on a sharp object/surface o is less able to catch/protect self in a fall o is operating/riding any mode of transportation o is located in water/mud/marsh if the ability to move is restricted o is known to be pregnant or have pacemaker o is under twelve years of age o is near flammable or combustible fumes A Warning Arc display may de-escalate the situation without having to deploy the cartridge. You do not have to remove the live cartridge to initiate a Warning Arc. Simply depress either or both Arc switches, which will not deploy a live cartridge Use of the laser sight or arcing (sparking) of the TASER for purposes of gaining compliances is not considered a use of force, if no other force was used before, during, or after • • Optimal Target Areas • • UOF-TAC DIR NO. 4.6, 2021 Optimal target areas are the back or splitting the belt line If practicable, aim the TASER at the suspect’s back where the clothes fit tighter and there is more muscle mass Officers should split the belt line to place one probe above the waist and one probe below the waist for optimal effectiveness Avoid targeting the head, face, throat, and groin TASER CHARACTERISTICS KEY POINTS • • Drive Stun Mode • • • Not as effective as using probes, no NMI. Affects only the sensory nervous system Drive stun can be used without a cartridge, with an expended cartridge or a live cartridge; however, with a live cartridge, the probes will fire into the suspect Drive stuns with a cartridge are preferable as officers can deploy the probes to one part of the body and apply a three-point drive stun with the expended cartridge to another part of the body away from the probes When utilizing the drive stun without a cartridge, drive the TASER into the suspect’s forearm, outside of thigh, or calf muscle for maximum effectiveness Avoid using the drive stun on the head, face, throat, and groin This CID shows in Function Test Mode. With the safety in the down (safe) position, the TASER operator has pressed both Arc switches simultaneously. The firmware version and remaining battery charge is displayed. Central Information Display (CID) This CID shows the CEW is in the Function Test mode after the TASER operator shifted the safety switch to the UP (ARMED) position. The colors are reversed in Function Test mode – the background is yellow, and the loaded cartridges are black. UOF-TAC DIR NO. 4.6, 2021 TASER CHARACTERISTICS KEY POINTS Batteries / Docking Station / Data Downloads Maintenance and Care • • • • • • • • • Batteries should be charged once every Deployment Period (~30 days) Routine battery charging will ensure latest firmware updates are being uploaded onto the TASER 7 Docking station automatically uploads weapon data to AXON Evidence (Evidence.com) Supervisors shall dock the battery to download the data from the TASER after a reportable non-categorical use of force incident Avoid dropping the TASER 7 Check battery regularly Always store TASER 7 with battery inserted Keep secured in protected holster Avoid exposing to excessive moisture UOF-TAC DIR NO. 4.6, 2021