Conducted Electrical Weapon/Dart-Firing Stun Gun PDF

Conducted Electrical Weapon/ 5 Dart-Firing Stun Gun Use of the Conducted Electrical Weapon Lesson Goal At the end of this course, you will know the legal and use of force aspects of using a stun gun or CEW, how using a stun gun or CEW affects t...

Conducted Electrical Weapon/ 5 Dart-Firing Stun Gun Use of the Conducted Electrical Weapon Lesson Goal At the end of this course, you will know the legal and use of force aspects of using a stun gun or CEW, how using a stun gun or CEW affects the human body, and how to operate a stun gun or CEW safely. The use and effects of conducted electrical weapons have been a topic of discussion in the media, among law enforcement officers and administrators, and within the scientific and medical professions. This chap- ter introduces you to the basics of the conducted electrical weapon (CEW), particularly the dart-firing stun gun, and provides information about its practical use based on statutory requirements. CEW Basics A conducted electrical weapon (CEW) is a device that uses a high-voltage, low-ampere electrical charge to induce pain compliance or involuntary muscle contractions that can, in the case of a dart-firing stun gun, temporarily incapacitate a noncompliant subject. An ampere is a measure of electrical current or power. A CEW has several forms and names: basic stun gun dart-firing stun gun (DFSG) electronic immobilization device conducted energy device electronic control device In 2006, the Florida Legislature created s. 943.1717, F.S. This legislation governs the training and use of DFSGs by criminal justice officers in Florida. While the Florida Statutes refer to “dart-firing stun guns,” most law enforcement agencies use the term “conducted electrical weapon.” This chapter uses CEW to refer to all forms of stun guns, including DFSGs, and provides a general overview of how a CEW operates within the law. The Criminal Justice Standards and Training Commission does not endorse any specific type or brand of CEW. ; HL500.1. Provide the statutory and commonly used definitions of a CEW Maintenance, Care, and Storage Most CEWs have basic maintenance requirements. Keep the device clean and dry as much as possible. If it gets wet, make sure to turn it off and place it in a clean, dry place until it dries completely. Never test the device while it is still wet. Store the device according to the manufacturer’s recommendation and your agency policies. Avoid prolonged storage in extreme temperatures. Chapter 5 Conducted Electrical Weapon/Dart-Firing Stun Gun / 329 Authorization to Use a CEW The Florida Statutes require law enforcement officers authorized to operate a CEW to attend a CJSTC- approved CEW course. Officers attend this training during basic recruit training or through an equivalent training course that their employing agency provides. If your agency allows you to carry a CEW, they may require you to go through more agency training before you can operate a CEW. In addition, the CJSTC re- quires that you attend at least one hour of annual training on CEW use if your agency allows you to carry and use a CEW. ; HL500.2. Describe how an officer becomes authorized to use a CEW When to Use a CEW Your training, experience, and assessment of all relevant circumstances determine the appropriate and necessary use of a CEW. The statutory guidelines in s. 943.1717, F.S., provide the minimum criteria for use of a CEW. A decision to use a dart-firing stun gun must involve an arrest or a custodial situation, and during the situation, the subject escalates resistance from passive physical resistance to active physical resistance and either of the following applies: The subject has the apparent ability to physically threaten the officer or others. The subject is preparing or attempting to flee or escape. ; HL500.3. Describe the statutory guidelines for when to use a CEW Using a dart-firing stun gun must involve an arrest or a custodial situation, where the subject escalates from passive to active physical resistance, and has the apparent ability to physically threaten you or others, or is attempting to flee or escape. How a CEW Works A CEW disrupts the body’s communication system by generating a high-voltage, low-current electrical charge. In simple terms, the charge has a lot of pressure behind it, but not much intensity. Since it has a high voltage, the charge will pass through heavy clothing and skin, but it is not intense enough to damage the subject’s body unless you apply it for extended periods. For example, if lightning strikes someone or they stick a finger in an electrical outlet, the electric current can maim or even kill, but, in smaller doses, electricity is harmless. A low current does not injure a subject even if the voltage is high. However, a high current can injure a person even if the voltage is low. ; HL500.4. Describe how a CEW works to control a subject CEWs use electrodes or probes and an electrical charge to control a subject. In the case of a basic stun gun, the electrodes attach to the front of the CEW. With a DFSG, the probes are projectiles that fire from the CEW and embed into the subject. 330 / Florida Basic Recruit Training Program (HL): Volume 2 For a CEW to operate, electricity must be able to flow between the electrodes on a stun gun or the probes from a DFSG. The electrodes on a stun gun are a fixed distance apart and provide limited pain compli- ance. The probes on the DFSG are not fixed, and the distance between them depends on how far away the subject is when delivered. The wider the probe spread on the target, the greater the effectiveness of the weapon. Electricity will not pass to another person in contact with the subject unless the other person makes direct contact between or on the probes. Exposing a subject who is standing in water to a CEW does not cause electrocution or increase the power applied. Electricity can pass through clothing and even some bullet-resistant materials, though. The charge combines with the electrical signals from the subject’s brain, making it very difficult for the sub- ject to decipher any messages. The person has a hard time telling their muscles to move and may become confused, unbalanced, or, in the case of a DFSG, incapacitated. The current, sometimes generated with a pulse frequency, mimics the body’s own electrical signals. The current will tell the subject’s muscles to do a great deal of work in a short amount of time. Depending on shot placement, the subject’s torso and limbs will respond in different ways. Basic Stun Gun Basic stun guns have a simple design. They are about the size of a flashlight and typically operate using nine-volt batteries. The circuitry includes multiple transformers and components that boost the voltage in the circuit, typically between 20,000 and 150,000 volts, and reduce the amperage. The electrodes are simply two plates of conducting metal positioned in the circuit with a gap between them. DFSG A DFSG works the same way as a basic stun gun, except the two charged probes are not permanently at- tached to the device. Instead, they are at the ends of long conductive wires attached to the gun’s electrical circuit. The DFSG uses the same basic firing mechanism as any compressed gas firing system or BB gun. Pull- ing the trigger opens the cartridge inside the gun, launching the probes through the air, with the attached conductive wires trailing behind. The probes have small barbs so they will attach through a subject’s clothing to their skin, allowing the cur- rent to travel down the wires into their body. The main advantage of this design is that it stuns subjects from a greater distance (typically 15 to 25 feet for patrol and 35 feet for SWAT). The disadvantage is that if only one probe hits the subject, the officer must reload and attempt a second contact. Some dart-firing stun guns have multiple cartridges that can deploy probes consecutively by pulling the trigger without re- loading. Always reload in a safe manner; never place your hands in front of the cartridge, as a static electri- cal charge could cause the cartridge to deploy. Officers can use a DFSG as a basic stun gun, but probe hits are usually more desirable. Probe hits: are more effective in obtaining neuromuscular incapacitation vs. pain compliance can be applied from a safer distance usually require fewer cycles generally cause fewer injuries Chapter 5 Conducted Electrical Weapon/Dart-Firing Stun Gun / 331 A cycle is the predetermined amount of time (usually five seconds) that a stun device will discharge auto- matically when activated. Some dart-firing stun guns have a built-in cartridge-identification system. When fired, the cartridge also releases dozens of confetti-sized cartridge-identification tags. This allows investi- gators to trace to whom the cartridge was issued or sold and the location of the deployment. Some CEWs have a computer system that records the time and date of shots, the duration or number of cycles, the battery level, and the internal temperature of the unit. Using a DFSG as a Drive Stun A drive stun occurs when the front of the DFSG, with or without a live cartridge, directly touches the body of the resisting subject, and the electrical charge passes to their body. The person’s body fills the gap be- tween the electrodes. The electrical pulses move from one electrode to the other and surge electricity into the subject’s muscular and nervous systems. In this mode, the DFSG works as a basic stun gun and is a pain-compliance tool only. Circumstances when you may use a DFSG as a drive stun include: When the subject is too close to the DFSG or when a probe application would be hard to make, for example, if a subject and an officer are fighting, and the DFSG operator cannot get a clear shot on the subject. The drive stun does not incapacitate a subject but may help you take a subject into custody. When only one probe strikes a subject and the subject is rapidly moving closer, use the drive stun as a second probe to complete the cycle. When, after initially using a DFSG, you do not gain compliance or the subject increases resistance, apply the drive stun as a follow-up. Drive stun on a place on the body away from the embedded probes. When you use the DFSG with a live cartridge as a drive stun or make a close shot, and the subject increases resistance, apply the drive stun as a follow-up. Drive stun on a place on the body away from the embedded probes. To initially use a DFSG as a drive stun (without firing the probes), apply the weapon directly to a subject. If the first choice of a target area is not effective, you may consider a different area of application, using an additional cycle of application, or an alternative force option. ; HL500.5. Describe how to use a dart-firing stun gun (DFSG) as a drive stun Because the drive stun does not cause incapacitation, you may find yourself in prolonged struggles with a violent subject, resulting in drive stunning several times in several locations on the body. This often results in multiple discharges, causing scratches on the subject’s body, and numerous signature marks, which are burn marks left on a subject’s body after a drive stun application. 332 / Florida Basic Recruit Training Program (HL): Volume 2 Effects on the Human Body Although the intended use of a CEW as a less lethal weapon is to prevent injury to the subject and other people present, the device has a very powerful physical effect. When CEW electrodes or probes hit a sub- ject, they transmit electric impulses. These impulses interfere with communication between the muscular nervous system and the skeletal muscles. The muscle contractions after CEW exposure are due to the impulse interference, not the electric output. A subject may experience pain similar to the muscle pain one experiences after vigorous exercise. In the case of a dart-firing stun gun, this can cause physical incapacita- tion or electro-muscular disruption (EMD). The subject may immediately lose control of their body and become incapable of any coordinated action. Possible effects of using a CEW on a subject could include the person: immediately falling to the ground yelling or screaming having involuntary muscle contractions freezing in place with legs locked feeling dazed for several seconds or minutes having vertigo or a temporary tingling sensation having critical incident amnesia, not remembering any pain showing minor signature marks from contact The subject may not show any physical effects from the contact but may sustain injuries from falling be- cause of the weapon’s physical effects on their body. Sometimes these injuries are minor. Sometimes more severe injuries could occur. The fall that results from a stun, if it occurred from elevated heights or other hazardous areas, could cause significant injuries. Manufacturers’ and independent studies assert that be- ing stunned by a CEW has no residual medical impact. There is no basis to establish that CEWs pose unac- ceptable health risks when used appropriately on healthy subjects. ; HL500.6. Describe the effects of using a CEW on the human body Some debate exists about the number of cycles of applications that is reasonable. Several law enforcement groups have established 15 seconds of CEW exposure as a significant safety point. Experts in the field agree that there is no definitive number for how many exposures are necessary, but applying the reasonableness standard may help you decide. Exercise caution to prevent unnecessary cycles by following procedural jus- tice protocols established by your agency. Avoid prolonged and repeated exposures; apply only the number of cycles reasonably necessary to capture or restrain the subject. Target Areas The primary target areas of a subject’s body should be below the neck area for back shots. For front shots, the target area should be below the heart. Aim for areas with high nerve concentrations or large muscle mass, such as the abdomen, legs, inside of the thighs, back, and buttocks. ; HL500.7. Describe appropriate target areas on a subject when using a CEW Chapter 5 Conducted Electrical Weapon/Dart-Firing Stun Gun / 333 Alternative target areas are the back near the shoulders or the back of the legs where, if clothed, the cloth- ing fits tighter and the probes will conduct electricity to the subject more effectively. The physical position- ing of a subject, the clothing they are wearing, and the way they are wearing clothing could play a big role in how effective the CEW is. It may not work at all or may stop working when the subject has loose-fitting or very thick clothing. Avoid intentionally targeting a subject’s head, throat, face, breast, chest, heart area, groin, genitals, or any known preexisting injury area when possible. These areas have a higher potential for causing injury to the subject. (See Figure 5-1) Figure 5-1: Preferred target areas 334 / Florida Basic Recruit Training Program (HL): Volume 2 Subject Considerations For some subjects, it may be inappropriate to use a CEW as a restraining device. One example is a subject who is experiencing drug-induced psychosis, a form of psychosis from drug use that causes hallucinations, delusions, or positional asphyxia. Positional asphyxia, discussed in Chapter 2, is the inability to breathe because of the subject’s body position. ; HL500.8. Describe subject behaviors that can influence your decision to use a CEW Pay attention to signs of drug-induced psychosis, which may include: unusual or psychotic behavior disorientation intense sweating, hot, feverish skin delirious or delusional behavior extreme paranoia behavior elevated pulse rate knowledge of the suspect’s history of drug abuse or use Some subjects who are under the influence of drugs or alcohol comply. Other subjects do not have a typical response to the CEW. As in any high-risk situation, be prepared to take another tactical action. The quickest and safest way to restrain a noncompliant subject exhibiting drug impairment is to use a CEW, if necessary. Then, using the least restrictive means, restrain the subject at the earliest possible point in the encounter, and notify EMS as soon as possible. If a subject is pregnant, ill, or physically impaired, such as blind or deaf, avoid using a CEW for compliance. Your agency will have policies and procedures for these situations. Use of Force Considerations You will recall from Defensive Tactics that the basis for analysis of use of force claims is the Fourth Amend- ment’s objective reasonableness standard (Graham v. Connor). Keeping this in mind, you must be able to articulate why you chose to use a CEW. According to s. 943.1717, F.S., officers may decide to use a CEW only when a subject is resisting actively and physically. The court established law on the use of a CEW in the case of Draper v. Reynolds, 369 F3d 1270 (11th Cir. 2004). Video of this traffic stop led the court to conclude that if the officer attempted handcuffing with- out the use of the CEW, the situation would have escalated into a serious physical struggle. The one-time shock of a subject with a CEW was not excessive force and was reasonably proportionate when the subject repeatedly refused verbal commands and became hostile, belligerent, and uncooperative during the stop. As described in s. 790.01, F.S., a dart-firing stun gun is a nonlethal (a force level not intended to cause death or great bodily harm) weapon. Many law enforcement agencies, however, describe the CEW as “less lethal.” ; HL500.9. Describe the statutory use of force guidelines for using a CEW Chapter 5 Conducted Electrical Weapon/Dart-Firing Stun Gun / 335 Tactical Considerations Use verbal commands first to gain control of a situation. You can avoid many physical encounters by verbal de-escalation. By disengaging or de-escalating, you give the subject another opportunity to comply with your commands and avoid the use of the CEW. If you exhaust all verbal efforts to de-escalate the situation or if verbal commands or physical control are not feasible, the use of a CEW may be appropriate. However, you must give the subject a reasonable opportunity to comply with your directions. Warn the subject of the device’s imminent use if they continue to be noncompliant, and when appropriate. For example, “If you don’t comply, I will have to stun you.” Not every situation where a subject displays an active physical resistance calls for using a CEW. During these encounters, continually assess whether to engage or disengage and decide on the appropriate force option. If you decide to use a CEW, expect to articulate in court that based on training, experience, and as- sessment of the circumstances, the use of the device was the best force option for the situation. You must not use a CEW for verbal defiance, belligerence, punishment, or horseplay. Do not use a CEW to coerce a subject to give statements or perform an illegal act. Using a CEW in a disci- plinary manner without lawful authority may violate a subject’s civil rights. You and your agency may be liable for injuries to the subject. Using a CEW is not a substitute for using a firearm when the situation requires lethal force. This does not exclude CEW use in place of a firearm when you have the time, reasonable cover, and a backup officer. Once making the decision to use a CEW, consider a number of tactical factors: What is the most effective area of the body to target? What is the physical environment around the subject? Are there officer safety concerns, or danger to the subject or nearby public? Do you have available cover or concealment if the CEW does not work properly? Do you have any time constraints? Is backup present or on the way? At what point in the encounter might you require more CEW applications? ; HL500.10. Describe tactical factors involved in deciding when to use a CEW Safety Considerations Observe the subject continually and be aware of the methods they may use to defeat a CEW; especially notice where a subject’s hands are. Consider a number of safety factors before using a CEW. For instance, if you encounter a subject in an elevated location, such as upon a ledge or stairwell, if you fire a CEW the subject may fall and get hurt. If a subject is operating a vehicle or machinery, they could lose control of the vehicle and endanger other people’s lives. A subject could drown when hit with a CEW if they are in or near water. If a subject is in an environment containing hazardous materials or potentially flammable, volatile, 336 / Florida Basic Recruit Training Program (HL): Volume 2 or explosive materials, the CEW could ignite the material and burn the subject. If you use OC spray on a subject, the CEW could set the subject on fire. Follow your agency policies and procedures regarding using OC sprays and CEWs. ; HL500.11. Describe subject and officer safety concerns when using a CEW Using Backup Try to have at least one backup officer present to handcuff the subject after you gain compliance. You will be operating the CEW while the backup officer moves in and secures the subject. While the cycle is active, the backup officer may not be able to manipulate the subject’s arms or legs to handcuff them. At this point, the person is usually no longer trying to resist and wants to comply, but has little or no muscular control and may appear to be resisting. As a safety precaution, the backup officer should be aware of the subject’s potential uncontrollable overreaction in these situations. After Care Based on your training and agency policies, consider removing the probes if all signs of resistance are gone. Treat removed probes as biohazard sharps. You have a duty to render first aid after using a CEW when you know, or it is evident, that the person detained or in custody is injured or requires medical attention. Provide first aid or seek additional medical assistance when it is reasonable, based on the totality of the circumstances, and without jeopardizing your health or safety. If there is excessive bleeding, get immedi- ate medical attention for the subject. Look for and treat any possible secondary injuries, and seek medical attention if required. Trained medical professionals should remove all deeply embedded probes or probes that penetrate sensitive tissue areas (for example, neck, face, groin, and breast). Monitor anyone in cus- tody who has been subjected to CEW use, even if the subject is receiving medical care. ; HL500.12. Describe how to care for an in-custody subject after using a CEW Documenting CEW Use Your agency will require prompt and accurate reporting of the decision to use a CEW, including an explana- tion of each use and cycle of application. Always prepare clear and complete reports. Specific report forms and requirements vary by agency and may include: the subject’s threats, behaviors, and actions each trigger pull or cycle (each use or application of force) each mode of use each injury or allegation of injury your justification for using a CEW your justification for each mode used Chapter 5 Conducted Electrical Weapon/Dart-Firing Stun Gun / 337  the medical status and condition of the subject an accurate timetable for the events of the entire incident, if possible ; HL500.13. Describe how to document using a CEW Current CEW Policy Issues and Trends Be familiar with updated department policies, procedures, and case law regarding the use of CEWs. Be aware of current trends that subjects may try to use when threatened with a CEW. For example, some people now keep objects or shields under their clothing in case they encounter a law enforcement officer. As a result, the use of a CEW is ineffective. Another trend is a subject’s stop, drop, and roll drill to pull out darts. If a subject begins to roll, close the distance, move with the subject, and keep sufficient slack in the wire to maintain electrical contact. Subjects may wait for the cycle to stop, then pull out the darts and pos- sibly begin to run away. Be prepared to close in and use a drive stun or transition to another force option to stop the subject from escaping. In Florida, a person can lawfully carry a CEW openly or in a concealed manner without a permit. The CEW must be less lethal (not intended to cause death or great bodily harm) and designed solely for defensive purposes. The person must be carrying the CEW for use as lawful self-defense. ; HL500.14. Recognize the importance of remaining current on CEW policy issues and trends 338 / Florida Basic Recruit Training Program (HL): Volume 2