Boca Raton Police Use of TASER PDF

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 01.315 USE OF THE TASER Revised: August 5, 2019 I. PURPOSE: This departmental standards directive provides guidance and direction regarding the use of the Department issued TASER. II. POLICY: It is the policy of the Departm...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 01.315 USE OF THE TASER Revised: August 5, 2019 I. PURPOSE: This departmental standards directive provides guidance and direction regarding the use of the Department issued TASER. II. POLICY: It is the policy of the Department to use only the force that is objectively reasonable to effectively bring an incident under control, while protecting the safety of the law enforcement officer (LEO), subject, and others. This policy applies to the use of less-lethal options such as the TASER. III. DEFINITIONS: Active Physical Resistance: Physically evasive movements by a subject to defeat an LEO's attempt at control. These movements may include bracing, tensing, pushing, pulling, or fleeing. Aggressive Physical Resistance: Hostile, attacking movements by a subject that may cause injury to an LEO or another person. Deployment: Activation of the TASER resulting in the arching of the unit during a contact of the fixed electrodes directly with the target or through discharge of the projectile cartridge whether or not the probes impact the intended target. Drive Stun: The process of pressing the TASER against the target with the projectile cartridge removed or with a deployed cartridge still attached to the TASER. Imminent Danger: Conditions or circumstances that exist that pose a danger which could reasonably be expected to cause physical harm immediately or before such danger can be eliminated. Objectively Reasonable: The determination that the necessity for using force and the level of force used is based upon the officer’s evaluation of the situation in light of the totality of the circumstances known to the officer at the time the force is used and upon what a reasonably prudent officer would use under the same or similar situations. The reasonableness of any use of force will be judged from the perspective of a reasonable LEO without the benefit of hindsight. TASER: A less-lethal device/weapon that uses an electrical current to disrupt voluntary control of muscles causing incapacitation. The current is delivered either by using two small dart-like electrodes which stay connected to the unit by conductive wires as they are propelled to the target using a compressed nitrogen cartridge or by fixed electrodes. Effective: October 29, 2013 Revised: August 5, 2019 Use of the TASER Directive No. 01.315 Page 1 of 7 TASER Cycle: An activation of the device caused by a single depression of the trigger during which time an electrical charge is arching from the fixed electrodes or conductive wires. IV. PROCEDURE: A. REGULATIONS APPLICABLE TO TASERS: 1. Employees shall use TASERs in accordance with all training, policies and procedures regarding response to resistance. 2. LEOs shall not be authorized to carry a TASER until the following criteria have been met: 4.02, 4.06 a. The LEO has received training and demonstrated proficiency in the use of the weapon. 4.06 b. The LEO has received copies of and been instructed in all Department policies and procedures concerning response to resistance. 4.02 c. The weapon has been inspected and approved by a certified/qualified weapons instructor. 3. List. A list of TASERs authorized for use can be found in 01.310 Appendix A Weapons 4. LEOs carrying TASERs off-duty shall adhere to all policies and procedures regarding response to resistance. 4.06 a. LEOs must be wearing a Class B uniform to carry a TASER off-duty. b. The Department recognizes that an LEO becomes “on-duty” when taking law enforcement action. An LEO is permitted to have a TASER accessible to him/her while operating a Department vehicle, and therefore may utilize it when taking law enforcement action, in accordance with policy. B. TRAINING: 1. All TASER training shall be conducted by employees who are authorized TASER instructors and authorized to instruct on the use of the TASER. 2. Law enforcement officers will be required to successfully complete eight (8) hours of initial certification training provided by instructors. An LEO must attain a score of 100% or better on all written and practical tests before he/she is issued a TASER. Training will include all methods of TASER deployment and all Department policies and procedures on the appropriate response to resistance and familiarization with the Florida State Statutes (FSS) provisions on the appropriate use of force. Additionally, each LEO attending initial training will be exposed to a TASER deployment. Effective: October 29, 2013 Revised: August 5, 2019 Use of the TASER Directive No. 01.315 Page 2 of 7 3. Once certified, LEOs will attend recertification training on an annual basis. LEOs who fail to demonstrate proficiency with the TASER or who fail to achieve a passing score on certification or recertification examinations will receive remedial training depending on the availability of certified trainers. The TASER will not be carried until a satisfactory score is attained. 10.04, 10.10 4. All qualification and proficiency testing records for TASER shall be documented in the Department’s electronic training record software. C. CARE AND SAFE HANDLING OF THE TASER: 1. LEOs will utilize the issued TASER and associated accessories only. No changes, alterations, modifications or substitutions to issued equipment will be made. Any malfunctioning TASER or accessory shall be turned in to the training sergeant or his/her designee as soon as practical. LEOs shall not attempt repairs to the equipment. 2. LEOs wearing the Class B uniform will wear the TASER in accordance with the guidelines set forth in Departmental Standards Directive 26.200 Appearance of Personnel. 3. LEOs will be issued two (2) air cartridges. The training sergeant will insure that the serial numbers of all issued cartridges are recorded along with the names of the LEOs to whom the cartridges were issued. 4. If a TASER cartridge is lost, broken or discharged, LEOs shall submit a TASER Cartridge Replacement Form to the training sergeant through his/her chain of command. 5. At the start of his/her shift, an LEO shall conduct a "spark test" as follows: 4.06 a. Place the unit on "safe" and point it in a safe direction. b. Remove the cartridge. c. Place the unit on "fire". d. Keeping hands away from the front of the TASER, squeeze the trigger and observe the electrical arc between the electrodes. Allow the TASER to run through a complete 5 second cycle without interruption. e. Observe the Central Information Display (CID) for any fault icons and observe the battery level. If the unit does not spark, the battery level drops below one bar (20%), or any fault icons are displayed, the LEO shall submit it for repair. See Appendix B TASER X26P CID. f. 6. Place the unit on "safe" and reattach the cartridge. LEOs shall not remove the battery pack from the TASER. 4.06 Effective: October 29, 2013 Revised: August 5, 2019 Use of the TASER Directive No. 01.315 Page 3 of 7 7. LEOs who are issued a TASER but do not regularly carry it on duty (e.g. detectives) shall spark test the TASER at least monthly and immediately prior to carrying it on duty. 4.06 8. An LEO who unintentionally deploys a TASER cartridge will document the discharge in a memorandum to his/her division commander through his/her chain of command. Upon final approval, the memorandum will be forwarded to the training sergeant for consideration of remedial training. 4.06, 10.04 9. Supervisors shall conduct a monthly inspection of TASER units issued to those LEOs within their command. The inspection will include a spark test, battery level verification, and check to ensure all issued cartridges have not expired. The inspection shall be documented in the records management system. Malfunctioning units shall be submitted for repairs and documentation by Training Unit employees. 4.06 V. TASER DEPLOYMENT: A. USE OF THE TASER: 4.06 1. The TASER may be deployed on a subject who is displaying active resistance or aggressive resistance to an LEO attempting to conduct legal law enforcement activities and the subject presents an imminent danger to the LEO or other persons present. 2. The TASER may be deployed on a subject who is fleeing from a violent crime. 3. The TASER shall not be deployed on a non-criminal subject (e.g. Baker Acts) who does not present an imminent danger to the LEO or others. 4. When practical, LEOs will give verbal warnings to the subject(s) and other LEOs before deploying the TASER. LEOs will take reasonable precautions to avoid multiple simultaneous deployments. When available, the cover LEO will apply restraints during or immediately after deployment. 5. The preferred target area is the lower-center mass of the body. LEOs should avoid the head, face, neck, chest and groin when deploying the TASER. When encountering subjects wearing heavy or loose clothing on the upper body, the legs should be considered as a target. Refer to Appendix A TASER Targeting for target areas. 6. feet. The optimum range for incapacitation width is between seven (7) and fifteen (15) 7. A full five (5) second cycle should be applied without interruption, unless circumstances require otherwise. 8. Each TASER cycle must be independently justified. Exposure to the TASER for longer than 15 seconds (whether due to multiple applications or continuous cycling) may increase the risk of death or serious injury. Multiple cycles or deployments shall be utilized Effective: October 29, 2013 Revised: August 5, 2019 Use of the TASER Directive No. 01.315 Page 4 of 7 only after the subject is checked for breathing irregularities, level of consciousness and only when the subject continues to actively or aggressively resist. 9. The TASER shall not be used in the following circumstances: a. On a subject who has come in contact with flammable liquids or is in a flammable atmosphere b. On a subject who is in a position where a fall may cause substantial injury or death c. On a subject who is in water deep enough to cause drowning d. Punitively or for unjustified coercion e. To escort or direct individuals who are demonstrating passive resistance f. To awaken unconscious or intoxicated individuals g. For other than legitimate law enforcement purposes 10. The TASER should not be used on the following individuals unless exigent circumstances exist that would justify deployment. LEOs should consider other force options: a. Subjects operating a bicycle or motor vehicle b. Subjects already restrained by handcuffs or other restraint devices. Other restraint and/or control options (e.g. hobble or WRAP) shall be utilized on detainees who resist being placed in patrol or other transport vehicles. c. Those persons of extreme age (small children and seniors) d. Women who are obviously pregnant unless deadly force is the only other option e. When there is imminent danger of involving an innocent bystander f. When it is apparent that a subject has ingested illegal drugs and their resistance consists solely of their refusal to spit-out the drugs 11. The TASER is generally not to be used as a substitute for deadly force and should not be used in those situations. When deadly force is justified, the LEO's decision to deploy a TASER should be backed up with the immediate availability of deadly force from a cover LEO in close proximity. 12. The TASER may be deployed on an aggressive animal if there is imminent threat of injury to LEOs or other persons. Palm Beach County Animal Control should be notified in these situations. Effective: October 29, 2013 Revised: August 5, 2019 Use of the TASER Directive No. 01.315 Page 5 of 7 13. Drive-stun deployments should be minimized, but may be used in situations where probe-deployment is not effective and/or possible. B. CARE OF INJURED PERSONS: 1. An LEO who has deployed his/her TASER will monitor the affected person for breathing irregularities, level of consciousness and compliance with verbal commands. Fire Rescue Services will not be responsible for removing the probes; however, they shall be called to the scene in the event: a. There is any doubt regarding the subject's medical condition or the subject shows signs of medical distress b. The subject is of extreme age (children and seniors) c. The subject is pregnant d. The subject is physically disabled e. The subject was struck by the probes in the face, throat, groin, female breast or male nipple area 2. If the probes did not penetrate the subject's skin, they may be removed by an LEO; otherwise, hospital staff shall remove the probes. 3. If the probes have made contact with the subject regardless of whether they penetrated the skin or the deployment was a drive-stun, the subject will be transported to the hospital and medically cleared. Hospital staff will be notified that the subject was tasered. Photographs will be taken of the affected area(s). Photos should be taken away from public view. C. REPORTING REQUIREMENTS: 1. An LEO shall immediately notify his/her on-duty supervisor when a TASER has been deployed. Additionally, an LEO will complete an Incident Report before the end of his/her shift that clearly articulates the circumstances regarding the TASER deployment. The report should include a detailed description of the subject's behavior and demeanor prior to and after deployment. If applicable, the report should include circumstances regarding multiple deployments. 2. The LEO shall present the deployed TASER to his/her supervisor for inspection and data download prior to the end of the shift along with a TASER Cartridge Replacement Form. 3. LEOs shall package the recovered probes and the first few inches of wire lead connected to the probe as evidence in accordance with the Bloodborne Pathogens and Exposure Control Plan. The probes will be placed into the expended cartridge with the pointed ends facing downward. The cartridge holes will be secured with evidence tape Effective: October 29, 2013 Revised: August 5, 2019 Use of the TASER Directive No. 01.315 Page 6 of 7 and the cartridge will be placed in an evidence envelope and labeled with a biohazard sticker. 4. Supervisors shall prepare an RMS Use of Force report after reviewing all reports, photographs, and evidence submissions. Additionally, supervisors will download the TASER's data record for download to the Professional Standards Bureau electronic database. Approved: Daniel C. Alexander Chief of Police Effective: October 29, 2013 Revised: August 5, 2019 Date: Use of the TASER Directive No. 01.315 Page 7 of 7