Lakewood Police Department Policy and Procedure |
Effective Date: 01/31/2024 | ||
Policy Number: PP-4518 - Taser Devices |
1. Taser brand devices are Conducted Electrical Weapons, which use electrical energy to generate pain compliance and/or temporarily incapacitate a subject.
2. At the beginning of each shift, personnel should conduct a function check to ensure the Taser is fully operational. Taser batteries should be docked and exchanged at least every 30 days or as necessary to maintain adequate battery function.
3. The Taser may be deployed when objectively reasonable to use physical force as set forth in Section 4500 Use of Force and 4501 Use of Physical Force or when objectively reasonable to:
a. Control a person who is armed with a deadly weapon and is threatening suicide or to inflict serious bodily injury upon himself/herself; or
b. Disarm or disable a subject who is armed with a deadly weapon and is engaging in illegal behavior; or
c. Control a violent subject or a subject threatening imminent violence; or
d. Control a subject who is actively resisting arrest; or
e. Control a subject who is attempting to evade arrest or detention for criminal activity by flight where a police agent reasonably believes that a lesser degree of force is inadequate and use of a Taser is a proportionate response to the crime the subject is being arrested for. The mere act of an individual fleeing does not constitute reasonable suspicion of criminal activity and does not justify the use of the Taser; or
f. Safely control a dangerous animal that poses a threat of bodily injury to a police agent, third person, or domestic animal.
4. Agents should use verbal commands directed at the subject to obey police orders and cease illegal behavior or suicidal/dangerous behavior prior to the deployment of the Taser when practical, if circumstances allow it without risk to the safety of other agents or citizens.
5. When physical force is justified, an Agent or CSO may activate the Arc Switch as a warning and/or deterrent in order to de-escalate the situation and gain compliance.
6. Only sworn personnel, community service officers, and animal control officers who have been trained in the use of Tasers are authorized to deploy them. Community Service Officers shall adhere to PP-9300. Animal Control Officers shall adhere to PP-9200.
7. Reasonable efforts should be made to avoid simultaneous deployments of a Taser on a subject.
8. When deploying the Taser in the cartridge-firing mode, the preferred target areas are the lower center mass (below sternum) for the front of the body and below the neck area for the back of the body. The head/neck, the chest/breast area (above the bottom of the sternum), or groin should not be intentionally targeted in the cartridge-firing mode.
9. When deploying the Taser in the drive stun mode, the operator should not intentionally target the head, back of neck, trachea, chest/breast area (above the bottom of the sternum) or genitals. Care should be used when applying a drive stun to the side of the neck or groin.
10. When encountering situations in which the use of less lethal physical force is objectively reasonable, agents must assess the incident in order to determine which level of force is appropriate. Absent exigent circumstances, agents should generally not use the Taser when:
a. The subject is known or appears to be pregnant;
b. The subject is believed to be twelve years of age or less, while taking into consideration the juvenile’s size, aggressiveness, and intent;
c. The subject is physically disabled or elderly while taking into consideration the size, aggressiveness, and intent of the subject;
d. When the intended target is on a high structure or in any area where a significant fall could result and cause further injury (i.e., ladder or stairwell);
e. When the subject is in or around water where drowning could result;
f. When flammable liquids and/or fumes are present which have the potential to ignite or the subject has been exposed to chemical agents. The Taser can ignite gasoline or other flammable substances; or
g. The subject is in physical control of a vehicle in motion to include such things as automobiles, trucks, motorcycles, ATVs, and bicycles.
11. If practical, agents deploying the Taser should have a cover agent in close proximity prepared to counter a suspect with lethal force should the threat level to the agent or others unexpectedly escalate.
12. Agents should attempt to use the Taser induced neuromuscular incapacitation as a window of opportunity during which the subject can be restrained.
13. Agents should avoid multiple activations or continuous cycling whenever practicable in order to minimize the potential for over-exertion of the subject or potential impairment of full ability to breathe over a protracted time period.
14. Agents should not deploy Taser cartridges into two individuals with one Taser at the same time.
15. Prior to repeated and/or prolonged exposure to multiple Taser discharges, agents should when practicable:
a. Take note of the subject’s behavior and breathing; and
b. Consider whether the additional applications are making sufficient progress toward restraining the subject or whether a different force option is warranted.
16. Each additional application of the Taser on a subject must be in compliance with this policy and constitute an objectively reasonable use of force.
17. After the deployment of the Taser, a supervisor shall respond to the scene and shall ensure that the agent docks the Taser battery prior to the end of shift. The cartridge shall be booked into Property & Evidence with the probes reversed and inserted back into the cartridge probe channel, POINT FIRST, then taped to prevent dislodging. If AFID identification tags are present from older model cartridges, a reasonable number should be collected and booked into Property & Evidence.
18. Reports shall be written documenting the use of force. Copies of reports and Taser data download reports shall be forwarded for review via the involved employee’s chain-of-command under the use of force review process.
19. Each authorized sworn employee, at his/her request, shall be assigned an individual Taser. Community Service Officers and Animal Control Officers, at their request, shall be assigned an individual Taser. The assignee shall be responsible for the care and condition of the unit and holster.
20. Supervisors will ensure that proper sign-out protocols are followed for the pool of patrol reserve Tasers and those made available to Investigations and other divisions. Supervisors will ensure due care is taken of the Tasers and related equipment in use.
21. Taser units found to be malfunctioning shall be dead-lined and a replacement Taser used in the interim.
22. The Patrol Support Coordinator will be responsible for arranging the repair of malfunctioning Tasers, for maintaining a sufficient supply of batteries and cartridges for patrol Tasers, and for inventory control.
23. Tasers or Taser cartridges that are inoperable, lost, accidentally discharged, or broken shall be reported immediately to a supervisor. Replacement cartridges will be issued by the Equipment Services Technician, a supervisor, or a certified Taser instructor. Supervisors will report the circumstances through their chain of command.
24. The Professional Standards Section/Training Unit Sergeant is designated to manage and coordinate the administrative aspects of the Taser program.
1. The Taser shall not be used against a subject who is passively resisting and who does not counter, in any meaningful way, an agent’s attempts to physically control him. Passive resistance includes the failure of a subject to comply with verbal orders of a police agent.
2. The Taser shall not be used as punishment.
3. The Taser shall not be used on a subject who is handcuffed or otherwise restrained unless the restrained subject poses an immediate threat to the police agent or others and the police agent reasonably believes that other available options would be inadequate. When a Taser is used upon a restrained person, additional restraints must be used on the subject as a follow-up.
4. Agents carrying a Taser should also carry a probe removal tool. Only qualified medical personnel, to include the fire department and E.M.S. medics, should remove Taser probes that have penetrated into a subject. The probe removal tool should be discarded after use and a new tool obtained.
5. Whenever any person is struck by the Taser in either the cartridge firing mode or the drive stun mode:
a. The person shall be transported to a medical facility for examination.
b. Injuries, such as puncture marks, signature burns, and any abrasions, shall be documented and photographed.
6. Authorized users: Only those who are currently certified and continue to maintain proficiency by completing yearly in-service training programs are authorized to carry and deploy the Taser. If a user fails to complete the yearly in-service training program, that user may no longer carry and use the Taser until they complete remedial training and become recertified. Users shall deploy the Taser only in the manner in which trained.
7. Individuals carrying personally owned Tasers shall follow all department policies and procedures regarding the use of the Taser.
8. Unless it is reasonably necessary to protect the K-9 from the imminent danger of being killed, the Taser shall not be used on the subject simultaneously with the deployment of the police K-9 in the bite mode.
10. Agents shall not deploy the Taser upon a subject, knowing the subject has been exposed to chemical agent(s).
11. The Taser shall only be used for official police business when the employee is acting within the course and scope of his/her official duties while acting in an on-duty or an extra-duty capacity.
12. The Taser shall not be left in an unattended vehicle that is not secured in a garage.