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Taser Policy

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Source file: 1.29 Taser Policy.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.

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Policy & Procedures                 No. 1.29
                                  Subject:
               Conducted Electronic Weapons
                  (Taser)
                                  Issuing Authority:                                       Effective Date:   Review Date:
                     Chief of Police                   10/22/09   12/13/2023
                                                                                 References:

 Review
 Revision
                                     Revised
 Reissued   12/16/09     08/03/2010   01/23/23
 Dates:     01/05/09     04/29/2011
                         06/12/2013
                         07/02/2016
                         11/08/2017

CALEA Standards:1.1.4  1.1.5  1.1.6  1.1.7 1.1.9 1.1.10  1.1.11 1.1.12 41.2.7

             GENERAL CONSIDERATIONS AND GUIDELINES

I.    PURPOSE
      The purpose of this policy to provide officers with guidance and direction on the use of
      Conducted Electronic Weapon (CEW). 1.1.9

II.   POLICY
          It is the policy of this department to use only that level of force reasonably necessary to
       control or otherwise subdue violent or potentially violent individuals. Conducted
       Electronic Weapon have been proven effective in furtherance of this policy, and are
       authorized for use in appropriate circumstances by trained and authorized personnel.
        1.1.4

    III.   DEFINITIONS

      A. Conducted Electronic Weapon: Weapons designed to disrupt a subject’s central
          nervous system by means of deploying battery powered electrical energy sufficient to
          cause uncontrolled muscle contractions and override an individual’s voluntary motor
           responses.

       B. TASER- a brand name for the CEW currently used and authorized by this department

       C. Air Cartridge- A replaceable cartridge for the CEW which uses compressed nitrogen
            to fire two barbed probes/darts on thin connecting wires sending a high voltage/low
           current signal into a subject.

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IV.  PROCEDURES

       General-
      There are three separate types of reportable CEW applications.

            1.  Spark Display- A non-contact demonstration of the CEWs ability to discharge
                 electricity. This is conducted only when the cartridge has been removed from the
             weapon. The purpose of this display is to convince the subject to comply with a
              lawful order and avoid the CEW being deployed in the Drive Stun or Probe mode.
             Spark checks conducted to test the unit at the beginning of the officer’s shift are
              not reportable incidents.

            2.  Drive Stun- Contact is made by pressing the front of the CEW (cartridge
             removed) into the body of a subject and activating the CEW. The Drive Stun
              causes significant localized pain in the area touched by the CEW but does not
             have a significant effect on the central nervous system. The Drive Stun does not
               incapacitate a subject but may assist in taking a subject into custody.

            3.  Probe- The CEW is most effective when the cartridge is fired and probes make
                direct contact with the subject. Proper application will result in temporary
              immobilization of a subject and provide the officer a “window of opportunity” in
            which to take the subject into custody. Optimum range for deployment is 7-15
                feet with 21 foot maximum distance.

   A.   AUTHORIZED USERS   1.1.9; 1.1.10; 1.1.11

            1. Only officers who have been designated by the Chief of Police and who have
                satisfactorily completed one of the following courses shall be authorized to carry
              and/or use the CEWs. 1.1.4

                            i.  Basic User - 4 hour certification course (recertification required every
                        year), or

                            ii.  Instructor - 16 hour certification course with additional 4 hour training
                   from Massachusetts Police Training Council (MPTC) (recertification
                      required every two years)

            2.  All personnel authorized to carry these weapons shall complete a minimum of
              four hours of annual in-service refresher training conducted by a certified
                instructor. 1.1.11; 1.1.12

             During this refresher training the following (documented) training will occur:
                  -  Annual training on the department’s Use of Force Policy
                  -  Annual training on the department’s ECW Policy 1.1.11 (2A-C)
                  -  Annual proficiency testing on ECW’s documented & conducted by a current
                    certified instructor. 1.1.11 (4,5,)
                  -  Remedial training is required for those employees who are unable to qualify
                   prior to resuming official duties. 1.1.11 (6)

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3.  Supervisors and Command Staff should receive CEW awareness training so they
           can make educated decisions about the administrative investigations they review.

 B.  WEAPON READINESS

         1. The device will be carried by authorized officers in an approved holster on the
           support/weak side (opposite of the firearm side) of the body. 1.1.9

         2. The device shall be carried fully armed with the safety on in preparation for
          immediate use when authorized.

         3.  Officers approved to use the device shall be issued a minimum of one spare
            cartridge as a back up in case of cartridge failure, the need for reapplication, or in
           case the first cartridge's leads break during engagement. The spare cartridges shall
          be stored and carried in a manner consistent with training and the cartridges
            replaced consistent with the manufacturer’s expiration requirements. 1.1.9

         4. Only battery power sources recommended by the manufacturer shall be used in
            the CEW.

         5. The CEW shall be pointed at the ground in a safe direction with the safety on
           during loading, unloading, or when handled in other than an operational
           deployment.

                     i. NOTE: the restrictions in section B5 do not apply during a “tactical reload”
                 of a cartridge.

 C. DEPLOYMENT

    There are two levels of force where CEWs are authorized;

   COMPLIANCE TECHNIQUES- includes countermeasures designed to counter the
     subject’s enhanced degree of active resistance. These tactics could include the Control
    and Restraint techniques, Takedowns, Pressure Points and Distraction Techniques, OC
     spray, etc. Using the TASER in a DRIVE STUN or close probe shot with drive stun
    follow-up would be justified to counter an Actively Resistant non-compliant subject.

   DEFENSIVE TACTICS- includes countermeasures designed to counter the subject’s
    perceived non-lethal assault on the officer or others, regain control, and assure continued
    compliance. These tactics could include Weapon/ Weaponless Strikes, etc. When firing
    the TASER, it would be considered a Defensive Tactics tool with the goal of
    stopping an Assaultive (Bodily Harm) Subject.

         1.  Officers will give a verbal warning before using force, if practical and give the
            subject reasonable opportunity to comply before force is used or repeated.
            Officers should avoid CEW use without first attempting verbal de-escalation and
          commands.

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2. When possible, avoiding chest shots with CEWs reduces the risk of affecting the
               heart and avoids the controversy about whether CEWs do or do not affect the
           human heart.

            3. When encountering subjects wearing heavy or loose clothing on the upper body,
               the legs should be considered as a target.

            4.  Attempt to avoid hitting the subject in sensitive tissue areas such as head, face,
               groin, or female breast area, however darts penetrating these areas will be
            removed by medical personnel at a medical facility (see E-3).

            5. CEW may be used to control an aggressive animal that is threatening the safety of
              a person.

            6.  Fixed sights should be used as the primary aiming device and the laser dot as the
             secondary aiming device.

            7. Only one officer should activate an CEW against a person at a time.

D.  RESTRICTIONS

    CEW should not be used:

            1.  in the known presence of combustible vapors and liquids or other flammable
               substances;

            2.  against suspects in control of a motor vehicle in motion unless exigent
              circumstances exist;

            3.  on handcuffed persons unless they are actively resisting or exhibiting active
               aggression;

            4.  on pregnant women, young children under the age of 14 or on elderly persons
             over 70 years of age, on visibly frail persons, or on persons with cardiac
             pacemakers (if known) unless exigent circumstances exist; or on people known or
              perceived to be mentally ill alone.

            5.  where the suspect is in a position where a fall may cause a substantial injury or
               death;

            6. When information is provided or the officer is aware of mental illness.
              41.2.7(2C)

   E.  AFTERCARE  1.1.5

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1.  All persons who have been exposed to an CEW activation will receive a medical
            evaluation at a local emergency care facility for probe removal. They must be
            transported by EMS. Officers are NO longer authorized to remove the probe.

         2. The suspect shall be taken to an emergency care facility:

                         i.  In all cases where the probe has penetrated sensitive tissue areas (such as
                   the groin, eye, female breast, face, or neck. The officer shall impound all
                  probes removed at a medical facility for evidence.

                       ii.  If the subject had a known pre-existing medical condition especially one
                    affecting the cardio-vascular system i.e. a pacemaker, cardiac surgery.

                      iii. Where it appears that the tip of the barbed probe broke off and remains
                 under the skin.

        3. A subject exposed to an CEW activation will be monitored regularly while
             in police custody even if they received medical care.

         4.  Following an CEW activation, officers should use a restraint technique that does
            not impair respiration.

         5.  Photographs of the affected area should be taken after the probe is removed.

         6. When the device has been used operationally, the officer will collect as evidence,
           package, and mark as a biohazard; the air cartridge, wire leads, probes, as
            evidence.  If possible AFIDS should also be collected and packaged separately as
            evidence.

 F.  SUPERVISOR

   A Supervisor will respond to all incident scenes where an CEW was activated and:

         1.  Conduct an initial review of an CEW activation

         2.  Ensure photographs are taken of the site of the probes impact and any related
             injury.

         3.  Ensure Use of Force report is completed by the deploying officer. 1.1.6; 1.1.7

 G.  REPORTING  1.1.6

         1. The deploying officer shall

               A. notify his/her supervisor as soon as practical after using the device;

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B. submit the CEW to the on-duty Lieutenant as soon as practical for data
                   download, and

                C. Complete the appropriate incident report. The incident report shall
                      include: 1.1.6

                         1.  Area of body hit by probes/ drive stun.

                         2.  If the arrest was compliant with or without probe deployment (i.e.
                         spark test at scene and suspect voluntarily complies with arrest)

                         3.  Photographs taken of probe impact area and any related injuries (if
                         any)

                         4.  Copies of reports involving the use of a CEW shall be forwarded to
                           the on-duty Lieutenant and then to the Chief or his/her designee.
                           1.1.7

                         5. The Chief or his/her designee should conduct random audits of
               CEW data downloads and reconcile use-of-force reports with
                         recorded activations

                         6. The Chief of Police or his/her designee shall forward quarterly
                            reports of CEW activations to the Executive Office of Public
                           Safety. The report will contain:

                                    a.  Statement containing the number of sworn Canton Police
                                    Officers, number of CEWs owned by the department,
                           number of incidents involving CEWs, and

                                 b. Copy of the incident report

                                    c. Copy of data printout from the CEW

 H.   DEMONSTRATIONS/TRAINING

       All demonstrations and training involving the use (probe or drive stun) of a department
      owned electronic control weapon must be authorized by the Chief of Police or in
        his/her absence a Lieutenant.

   I.   INSPECTION  1.1.9

      The department’s TASER Armorer will inspect each CEW prior to issue/reissue as
       well as quarterly to ensure it is in proper working condition. Any CEW not in proper
      working condition will be taken out of service immediately and either repaired by the
      Armorer or forwarded to the manufacturer for factory service.

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