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New Jersey policy on stun guns
Posted: Monday, November 23,20091
Approved November 23, 2009
ATTORNEY GENERAL POLICY ON CONDUCTED ENERGY DEVICES
I. Scope

This supplemental policy is based on the work of the Attorney General's Advisory Group to Study
the Use of Less-lethal Force. The following policy applies to the use of conducted energy devices,
as defined in Section III of this policy. These weapons fall under the broader category of "stun
guns," as that term is defined in the New Jersey Code of Criminal Justice. Specifically, NJ.S.A.
2C:39-1 (t) provides that the term stun gun means "any weapon or other device which emits an
electrical charge or current intended to temporarily or permanently disable a person."
Pursuant to N.J.S.A. 2C:39-3(h), any person who knowingly has in his possession any stun gun is
guilty of a crime of the fourth degree. N.J.S.A. 2C:39-3(g)(I) further provides in pertinent part
that, "[n]othing in subsection h. (generally prohibiting the knowing possession of stun guns) shall
apply to any law enforcement officer who is exempted from the provisions of that subsection by
the Attorney General." This supplemental policy shall constitute an exemption from the provisions
ofN.J.S.A. 2C:39-3(h) for any law enforcement officer authorized pursuant to Section VIII of this
policy to deploy or use a conducted energy device, or any officer while participating in a training
program pursuant to Section VIII of this policy.
II. Policy

I. It is the general policy of the State of New Jersey that law enforcement officers should only use
the degree or intensity offorce that reasonably appears necessary given the facts and
circumstances perceived by the officer at the time force is used. The reasonableness of force must
be judged from the perspective of a reasonable law enforcement officer on the scene at the time of

the incident.
2. The Attorney General's Use of Force Policy (rev. 2000) provides that deadly force may only be
used when an officer reasonably believes that such action is immediately necessary to protect an
officer or another person from imminent danger of death or serious bodily injury. Deadly force
may not be used against persons whose conduct is injurious only to themselves.

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3. Conducted energy devices are serious and potentially deadly weapons. In some limited
situations, they may reduce the risk of injuries to officers, to persons subject to arrest, and to
innocent bystanders. They may also allow officers to resolve a confrontation without it escalating
to a level where deadly force is required. This policy defines the issuance, use, and reporting
requirements for these weapons to ensure that they are used consistent with public safety, in lieu
of deadly force, and in furtherance of these limited and specific objectives.
4. The policy limits the issuance and deployment of conducted energy devices in order to
emphasize the limited contexts in which an officer should use the weapon. An officer armed with
a firearm recognizes that the discharge of the weapon is likely to cause death. Accordingly, in
most instances, an officer will resolve a situation without the use of a firearm. This policy limits
the use of the devices to ensure that officers recognize the lethality and seriousness of the
weapons, deploy them consistent with that lethality, and use the weapons only where appropriate.
5. In limited and controlled environments, and under certain situations, conducted energy devices
may be appropriate weapons for law enforcement officers to use against an emotionally disturbed
person, as that term is defined in Section III below.
6. This policy supplements the Attorney General's Use of Force Policy. It provides express
criteria for the firing and discharge of conducted energy devices by law enforcement officers.
7. This policy establishes procedural safeguards and reporting requirements to ensure that the
devices are used consistent with and in furtherance of the objectives of their authorization.
8. The policy prohibits use of these weapons in certain circumstances, namely, (I) as a "pain
compliance" device (i.e., for the purpose of overcoming a person's refusal to comply with an
officer's order to move from or to a place, to get onto the ground, or to exit a vehicle); (2) on
individuals restrained by handcuffs; (3) against a person in a moving vehicle; and (4) in any
instance not authorized by this policy.
9. Any firing or discharge of a conducted energy device against a person except as authorized by
this supplemental policy is strictly prohibited. Any intentional misuse or reckless abuse of any
such device will not be tolerated and will result in administrative discipline, criminal prosecution,
or both.
III. Definitions
"Conducted energy device" means any device approved by the Attorney General that fires darts,
i.e., electrodes that are attached by wire to the main body of the device held by a law enforcement
officer, and that through these electrodes emits an electrical charge or current intended to
temporarily disable a person. "Emotionally disturbed person" ("EDP") is a person who appears to

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be mentally ill or temporarily deranged and is conducting himself or herself in a manner that a
police officer reasonably believes is likely to result in serious bodily injury to himself, the officer,
or others "Fire" means to cause the darts/electrodes of a conducted energy device to be ejected
from the main body of the device and to come into contact with a person for the purpose of
transmitting an electrical charge or current against the person. "Discharge" means to cause an
electrical charge or current to be directed at a person in contact with the darts/electrodes of a
conducted energy device. "Drive stun mode" means to discharge a conducted energy device where
the darts/electrodes have not been ejected from the main body of the device, so that the device is
in direct contact with the person against whom the charge or current is transmitted.

IV. Authorized Officers
I. No officers shall carry or be authorized to use a conducted energy device absent express written
authorization by the department's chief executive.
2. A chief executive of a law enforcement agency shall limit authorization to carry or use a
conducted energy device only to one officer of a supervisory rank in any municipality that has
25,000 or less residents; two officers of a supervisory rank in any municipality that has between
25,001 and 50,000 residents; three officers of a supervisory rank in any municipality that has
between 50,001 and 75,000 residents; or four officers of a supervisory rank in any municipality
that has more than 75,000 residents. In addition, the chief executive of a law enforcement agency
may authorize any officer, regardless of rank, who is a member of a duly authorized and trained
SWAT or other emergency response squad or unit, to carry or use a conducted energy device,
consistent with this policy.
3. The chief executive of a law enforcement agency shall not authorize any officer to fire or
discharge a conducted energy device until the officer has successfully completed a training course
approved by the Police Training Commission in the proper use and deployment of conducted
energy devices.
4. Any officer issued a conducted energy device shall detennine and record on an appropriate log,
prior to field deployment, that the device, including the video recording function, is functionaL
5. A law enforcement officer authorized to fire or discharge a conducted energy device during an
actual operation pursuant to this supplemental policy shall be exempt from criminal liability under
N.J.S.A. 2C:39-3(h) for knowing possession of a stun gun provided by his or her department.

V. Authorization to Use Conducted Energy Devices
I. An officer authorized to use conducted energy device pursuant to this policy may discharge the
device only where:

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a. the officer reasonably believes that the individual is an emotionally disturbed person; and,
b. the individual possesses a weapon and the officer reasonably believes that the individual poses
an immediate threat of serious bodily injury to him/herself, an officer, or any other person; and,
c. the individual will not voluntarily submit to custody; and,
d. the officers have isolated and contained the individual. An individual is isolated when
sufficiently separated from nonsubjects, e.g., onlookers, crowd, etc., to allow the officer to use the
weapon safely. An individual is contained when law enforcement has confmed the incident to the
smallest possible area by limiting the ability of the subject, for example, to run around or grab
hostages.
2. Provided that the use of the conducted energy device would comply with the requirements of
Paragraph V(l), a conducted energy device may only be discharged upon the authorization of the
highest-ranking police supervisor at the scene. Where the officer authorized to carry or use a
conducted energy device is the highest-ranking officer at the scene, no additional authorization is
required.
3. A member of an authorized and trained SWAT team or emergency response unit may discharge
a conducted energy device consistent with Paragraph V(l) upon authorization of the team or unit
supervisor. If the officer has responded to the scene but not deployed as part of an authorized and
trained SWAT team or emergency response unit, the officer may discharge a conducted energy
device consistent with Paragraph V(l) only upon authorization of the highest-ranking supervisor
at the scene.
4. A law enforcement officer shall not direct an electrical charge or current against a person who
has already received an electrical charge from a conducted energy device unless the person has
been given a reasonable opportunity to submit to law enforcement authority and to comply with
law enforcement commands and the person continues to pose an immediate threat of serious
bodily injury to him/herself, an officer, or any other person.
5. A law enforcement officer shall not be required to exhaust the option of using a conducted
energy device before using lethal ammunition in any circumstance where deadly force would be
justified and authorized pursuant to the Attorney General's Use of Force Policy.
VI. Unauthorized uses of Conducted Energy Devices
The following uses are expressly prohibited:
1. A conducted energy device shall not be fired or discharged in drive stun mode.
2. A conducted energy device shall not be used as a pain compliance device.

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3. A conducted energy device shall not be fIred or discharged to prevent a person from committing
property damage.
4. A conducted energy device shall not be fIred or discharged to prevent a person from fleeing the
scene.
5. A conducted energy device shall not be fIred or discharged against a person who is restrained
by handcuffs.
6. A conducted energy device shall not be fIred or discharged against an individual in a moving
vehicle.
7. Two or more conducted energy devices shall not be discharged upon a person at the same time.
VI. Training and Qualification
I. No offIcer shall be authorized to carry or use a conducted energy device until having completed
a training course and qualifIcation procedure approved by the Police Training Commission in the
proper use and deployment of conducted energy devices. The training program shall include a
component on how to interact with an emotionally disturbed person, and topics such as
recognizing mental illness and techniques to de-escalate a psychiatric crisis to prevent injury or
death.
2. A person participating in a training course approved by the Police Training Commission shall
during such training be exempt from criminal liability under N.J.S.A. 2C:39-3(h) for knowing
possession of a stun gun.
3. All law enforcement offIcers authorized to use a conducted energy device pursuant to this
supplemental policy shall qualifY, and thereafter re-qualifY semi-annually, in a training course and
qualifIcation procedure approved by the Police Training Commission.
IX. Deployment Techniques
I. When feasible, the offIcer should warn the person against whom the conducted energy device is
directed that the offIcer intends to use the weapon. The same applies where the individual has
already received an electrical charge from a conducted energy device.
2. To provide for offIcer safety, at least one law enforcement offIcer other than the one deploying
the conducted energy device should be present, be armed with lethal ammunition, and be prepared
to deploy deadly force in the event that the use of a conducted energy device for any reason fails
to protect an offIcer or other person from imminent danger of death or serious bodily injury.
3. During the deployment of a conducted energy device, the deploying offIcer shall, when
feasible, continually evaluate the options selected against changing circumstances.

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4. An officer trained and authorized to cany a conducted energy device should be aware of any
targeting recommendations made by the manufacturer.
5. A conducted energy device may be used in conjunction with a distraction device, water-based
chemical agent, or less-lethal ammunition. If the individual has already received an electrical
charge from a conducted energy device, officers should provide the person a reasonable
opportunity to submit to law enforcement authority and to comply with law enforcement
commands before deploying a distraction device, chemical agent, or less-lethal ammunition.
6. A conducted energy device shall not be directed against a person who is situated on an elevated
surface (e.g., a ledge, scaffold, near a precipice, etc.) unless reasonable efforts have been made to
prevent or minimize a fall-related injury (e.g., deploying a safety net).
7. The officer should use particular care when considering whether to use a conducted energy
device against a individual that is particularly vulnerable due to age (either elderly or young) or
medical condition (e.g., pregnant).

X. Handling of Injured Suspects
Subjects against whom a conducted energy device has been directed shall be transported to a
medical facility for examination if they suffer bodily injury or request medical attention.

XI. Reporting and Evaluation
1. In all instances when a conducted energy device is fired or discharged, the law enforcement
officer who employed such force shall complete:

a. Any reports made necessary by the nature of the underlying incident, and,
b. A use offorce report as required by the Attorney General's Use of Force Policy.
c. A Conducted Energy Device Report.
2. In all instances when a conducted energy device is fired at or discharged upon a person, a
higher-ranking supervisor shall investigate the circumstances and outcomes of the device
deployment. The investigating supervisor shall not be the same officer who authorized the
discharge or discharged the device. The investigating supervisor shall report on the incident to the
chief executive of the department, providing the chief executive of the agency information on
circumstances, deployment, and outcome, including whether the deployment avoided injury to
officer and the use of deadly force. Upon receipt, the chief executive shall issue a finding whether
the discharge complied with the Attorney General's Policy on Conducted Energy Devices. The
chief executive shall forward the report to the County Prosecutor within 3 business days of device
discharge.

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3. The County Prosecutor will review all reports detailing conducted energy device discharges,
indicate their finding and recommendations as to the propriety of the discharge, and report their
findings to the Attorney General within 7 days of device discharge. A Prosecutor may request a
reasonable extension when the Prosecutor believes that an incident requires further investigation
to detennine whether the discharge complied with this Policy.
4. In all instances when a conducted energy device is fired at or discharged upon a person, a
superior officer designated by the chief of the department employing the officer who fired or
discharged the device shall take custody of and secure the device. The superior officer shall
safeguard the digital infonnation in that device concerning the incident. The chief executive
officer of each department that employs the use of conducted energy devices shall issue a rule,
regulation, standing operating procedure or other appropriate order to establish a system to ensure
that the internal digital recordation systems of these devices are maintained, and that the data
contained therein carmot be tampered with, and carmot be accessed except by duly authorized
supervisors. After the infonnation is safeguarded, the device may be returned to deployment
consistent with the department's policies. The infonnation stored in the device concerning the use
of force incident (i.e., e.g., data concerning the time the weapon was fired, the time of all electrical
discharges, and video recordings of the firing of the weapon and all electrical discharges) shall be
preserved and reported on in a report of the incident prepared by the chief or his or her designee,
and, along with the use of force report prepared by the officer who fired the weapon, shall be
provided to the County Prosecutor or Attorney General for review. The County Prosecutor, or the
Attorney General, may at any time supersede any investigation of the use of force incident
conducted by the department.

XI. Approved Conducted Energy Devices
The New Jersey State Police, in consultation with the Division of Criminal Justice, shall develop a
list of specifications and characteristics of conducted energy devices that may be deployed and
used pursuant to this supplemental policy. Those specifications will include the following
requirements:
1. The device must be capable of making a date- and time-stamped digital record of each
occurrence when the darts/electrodes are fired, and of each occurrence when an electrical current
is discharged.
2. The device must be capable of making a digital video recording of each such firing and
electrical discharge, where the focus of the internal camera is centered on the person against
whom the conducted energy device was targeted.
3. The device must safeguard all such digital data and video recordings to ensure that they can be

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accessed or erased only by appropriate supervisory personnel in accordance with rules,
regulations, standing operating procedures or orders promulgated pursuant to this supplemental
policy. The list of specifications and characteristics shall be submitted to the Attorney General for
approval and dissemination. No law enforcement agency shall purchase, possess, deploy, fue, or
discharge any conducted energy device pursuant to this supplemental policy unless the device
satisfies the specifications and characteristics approved by the Attorney General. The private
ownership or possession of a conducted energy device or any other form of stun gun is strictly
prohibited and is subject to criminal prosecution.

XII. Sanctions for Non-Compliance
If the Attorney General or designee has reason to believe that a law enforcement agency or officer
is not complying with or adequately enforcing the provisions of this supplemental policy, the
Attorney General may temporarily or permanently suspend or revoke the authority of the
department, or any officer, to possess or use conducted energy devices may initiate disciplinary or
criminal prosecution proceedings, and may take such other actions as the Attorney General in her
sole discretion deems appropriate to ensure uniform and strict compliance with this supplemental
policy.
© 1970-2009 Press of Atlantic City Media Group

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ELECTRONIC CONTROL
DEVICE
INDEX CODE:
EFFECTIVE DATE:

406
11-18-09

Contents:
I.
II.
III.
IV.

v.

Purpose
Policy
Procedures
Proponent Unit
Cancellation

I.
PURPOSE
The purpose of this policy is to establish guidelines for the use of Electronic Control Devices (ECD).
II.
POLICY
The Anne Arundel County Police Department has issued the Advanced TASER (X26) to select trained officers, to
provide those officers with additional lise-of-force options for gaining compliance of resistant or aggressive
individuals in arrest and other enforcement situations. It is the policy of the department that personnel may use the
TASER when warranted, but only in accordance with the guidelines and procedures set forth in this directive and in
the department's use-of-force policy.
III.
A.
1.

2.

B.
1.
2.

3.
4.

5.

PROCEDURES
Authorization
Only personnel who have been trained, demonstrated proficiency, and have been issued a departmental
TASER and associated equipment, are authorized to carry and use it. Proficiency must be demonstrated at
least annually, and be monitored by a certified TASER instructor.
Only the departmentally issued TASER (Model X26), issued TASER holster (mounted on the officer's
weak/support side of duty belt), and issued TASER cartridges are authorized for use (Exception: trained
members ofthe Special Operations Section (SOS) are authorized to carry the TASER in an SOS drop leg
or belt attached holster). Trained personnel, who are carrying a departmental TASER while on duty, must
have both (2) cartridges affixed to their TASER at all times. The only exception to this would be if the
officer has deployed a single cartridge, and is awaiting a replacement cartridge.
Usage Criteria
The use of a TASER is considered a use of force and will be employed in a manner consistent with the
department's use of force policy.
The TASER may be used when verbal dialogue has failed to bring about a subject's compliance, and the
subject indicates the intention to actively resist the officer's efforts to arrest him/her, the subject is actively
resisting arrest, or to prevent subjects from harming themselves or others.
A fleeing suspect will not be the sole justification for the use of the TASER. Severity of the offense and
other circumstances will be considered before officers' use a lASER on a fleeing suspect.
The TASER may be used to display the ECD's '1est arc" or "painting the subject with it's laser" in an
attempt to gain compliance of the subject where resistance, assault, and/or violence is reasonably
anticipated.
No more than one officer at a time should discharge a TASER against a person.

Anne Arnndel County Police Department Written Directive

1

Index Code:
Effective Date:
6,

7.

8.

9.
10.

II.
12.
13.
14.

C.
1.

Elevated TASER Applieation Risk Faetors and Justification Factors
The following factors, where apparent to involved officers, require additional justification of TASER use.
This is because the risks of foreseeable direct or secondary injuries are elevated:

I.

Presence of flammable liquids/fumes or explosive environments
Elevated positions
Person operating moving vehicle or machinery
Person running (fleeing)
Pregnant female
Swimming pool or other hody of water
Intentional TASER application to sensitive areas
Frail or infirm individual
Non-standard repeated TASER applications

The following factors involve groups of people from which the general public commonly assumes that
these individuals are not capable of being an imminent threat of death and/or serious bodily hann, or that
these people should be treated more sensitively and compassionately by officers. Officers understand that
the realities are that individuals from each of these groups do commit violent crimes, can be an imminent
threat of death andlor serious bodily harm to officers, others, and themselves, can be so resistive that the
use of a TASER is eminently justified, etc. However, since society generally places individuals within
these groups into protected classes, officers using a TASER on one of these individuals will foreseeably be
placed under heightened scrutiny and will likely be required to provide additionaljustification(s) for the use
ofthe TASER. These groups include:
a.
b.
c.

2

11-18-09

Whenever practical and reasonable, personnel should issue a verbal warning prior to discharging the
TASER on a person. This could give the suspect the opportunity to voluntarily comply with the officer's
lawful orders. If other officers are present, the deploying officer, prior to deployment, should consider
announcing, if reasonably safe and feasible, "TASER!" This will give the other officers warning to either
not engage or disengage from the suspect hefore the TASER is deployed.
When discharging the TASER, the officer should only use it for one standard cycle (five seconds), then
stop and evaluate the situation. In an attempt to minimize the number of TASER discharges needed for
suhject compliance, officers should, while deploying the TASER, reasonahly direct (order) the suspect as
the incident mandates. Such verbal commands may include, "stop resisting," "lie flat," "put your hands
behind your back," etc. Officers will only use the minimum number of activations necessary to place the
suspect into custody.
The use of a TASER in "drive-stun" mode will not reliably or foreseeably incapacitate the suspect.
Officers will not use the TASER in drive-stun mode if they reasonahly helieve that discomfort will not
cause the subject to be compliant with the officers; i.e., TASER use in drive-stun mode on a drug induced
highly pain-resistant subject.
Once a person is handcuffed or otherwise restrained, the use of the TASER is no longer justified. Officers
will not use any restraint technique that impairs respiration of the suspect.
The TASER is not a substitute for deadly force, and generally should not be used in those situations. If a
TASER trained officer does deploy the TASER in those situations, he/she must have another officer
present to provide deadly force cover.
Officers may use deadly force to protect themselves from the use or threatened use of a TASER when the
officer reasonably helieves that deadly force will be used against them if they become incapacitated.
A TASER may he deployed on an animal when the animal is threatening or is attacking a person, including
officers, another animal, or property.
When lawful and appropriate to do so, the deploying officer will take photographs of the prohe impact sites
and any related injuries.
When not in use, TASER's will be kept in a secure place, inaccessible to all persons who are not trained
TASER operators of the department.

a.
b.
c.
d.
e.
f.
g.
h.

2.

406

Children
Seniors
Passive subjects who are being taken into custody.

Anne Arundel County Police Department Written Directive

Index Code:
Effective Date:
D.
1.

2.

3.

4.

5.

6.

E.

406
11-18-09

Post TASER Medical Attention
All individuals who have been exposed to the TASER by probe deployment or by drive stun will be
transported to the hospital by EMS personnel (an exposure is defined as a probe entering the skin or
when an individual experiences Neuro-Muscular Incapacitation by probe deployment or experiences the
effects of a drive stan). The individual will be medically evaluated and if necessary will have the probes
removed while at the hospital. (This does not apply to officer exposure during training or if an officer
receives a secondary exposure while taking a subject into custody).
EMS personnel will be summonsed to the scene by the deploying officer. If the probes have penetrated the
skin, EMS personnel should be advised to not remove them prior to transport. The probes should only be
removed by a doctor or authorized medical staff at the Hospital.
Officers may remove probes which have penetrated clothing and are not intact with the skin. If this occurs,
the subject is still required to be transported to the hospital by EMS personnel for a medical evaluation, if
they experience Neuro-Muscular Incapacitation. If the subject does not experience Neuro-Muscular
Incapacitation, due to an incomplete circuit (i.e., only one probe making contact to the clothing), then a
medical evaluation is not necessary.
Should the probes impale a sensitive area, (head, neck, hands, feet or genitalia) officers will attempt to
stabilize the probes in place until EMS personnel arrive on scene. Officers will instruct EMS personnel to
continue probe stabilization until the probes can be removed by a doctor or authorized medical staff at the
Hospital.
Scene security or volatility may necessitate selecting an alternative location for meeting medical personnel
for transport. This may be accomplished by moving the subject to a neutral secure location, police facility
and/or fire station.
Probes that have been deployed and strike the subject (penetrate the skin) will be treated as biohazard
sharps. They may be placed point down into the expended cartridge bores and secured (i.e., with latex
gloves(s), tape, etc. They will be transported to the station and placed in a sharps container, unless they are
needed as evidence, or discarded in the proper receptacle at the Hospital.
AFID (Anti-Felon Identification) System
This system provides accountability for each use of the TASER via the dispersal of tiny coded tags. Every
time the device is "probe deployed"- a cartridge is discharged. AFIDs shall only be collected and
maintained as evidence if reasonably necessary, such as where identification of who discharged the TASER
is a foreseeable problem or issue. If a supervisor detennines that the AFIDs need to be collected and
maintained as evidence, then EeU should be contacted for evidence collection. The AFIDs will be placed
into evidence with any expended cartridge.

F.
Supervisors Responsibilities
A patrol supervisor in the district of occurrence is responsible for the following actions:
I.
2.
3.
4.
5.

G.
1.
2.

Respond immediately to all incidents of ECD deployment.
Ensure proper medical attention is requested.
Ensure expended cartridge and probes are treated and disposed of as biohazard sharps, unless required for
evidence.
Detennine whether AFIDs and expended cartridges will be needed as evidence based on unanticipated
injury to the suspect.
Ensure all reporting requirements are met and arrangements are made to transport the TASER to a District
Executive Officer, SOS or SES Lieutenant for dataport tracking and cartridge replacement.
Reporting Procedures
Accidental discharges, as well as intentional discharges of the TASER will be immediately reported to a
supervisor.
A Use-of-Force Report will be completed following all discharges of the TASER except during testing and
training. Although a Use-of-Force report is not required for an accidental discharge or use on an animal, an
Incident Report is required.

Anne Arundel County Police Department Written Directive

3

Index Code:
Effective Date:

406
1I-I8-09

3.

Intentional discharges of the TASER on a person will be reported to the District Executive Officer, SOS or
SES Lieutenant as soon as possible. The TASER does not have to be placed out of service before this
occurs, unless both cartridges have been expended. The Lieutenant will conduct the dataport download
from the TASER and provide the officer a cartridge replacement. A copy of the report generated through
the dataport download will be attached to the Use of Force Report and forwarded through the chain of
command. TASER replacement cartridges will be tracked, logged and inventoried by the District Executive
Officer, SOS and SES Lieutenants.

IV.

PROPONENT UNIT: Training Academy.

V.

CANCELLATION: This directive cancels Index Code 406, dated 01-24-08.

4

Anne Arundel County Police Department Written Directive

Policy

309

Eugene Police Department

Taser™ Guidelines
309.1 PURPOSE AND SCOPE
When properly applied in accordance with this policy, the Taser™ is considered a less-lethal device
which is intended to temporarily incapacitate and permit control of a violent or potentially violent
individual, or an individual demonstrating the intent to harm himselflherself, without causing serious
injury. While it is anticipated that the appropriate use of such a device will result in fewer serious
injuries to officers and suspects, it is important to remember that the use of a Taser has the
potential to result in serious injury or death. The use of the Taser must comply with other relevant
department policies, including those involving use of force, and is a reportable use of force.

309.2 GENERAL GUIDELINES
An officer who has completed department approved training may be issued a Taser for use during
his/her current assignment. An officer leaving a particular assignment may be expected to return
his/her issued device to the department's inventory.
Officers shall only use a Taser and cartridges that have been issued by the Department. The device
will normally be carried as a part of an officer's equipment in an approved holster. Alternatively, a
plainclothes officer or an officer working a specialized assignment may carry the Taser secured in
the officer's vehicle so that it is readily accessible at all times.
(a) If the Taser is carried as a part of a uniformed officer's equipment, the Taser shall be
carried on the side opposite from the officer's duty weapon.
(b) All Tasers shall be clearly and distinctly marked to differentiate them from the duty
weapon and any other device.
(c) Whenever practical, an officer should carry at least two Taser cartridges on his/her
person at all times while carrying a Taser.
(d) Each officer is responsible for insuring that his/her issued Taser is properly maintained
and in good working order at all times.
(e) An officer should never hold both a firearm and the Taser at the same time unless lethal
force is justified.

309.3 VERBAL AND VISUAL WARNINGS
Unless it would otherwise endanger safety or is impractical due to circumstances, an explicit verbal
announcement of the intended use of the Taser shall precede the application of a Taser in order to:
(a) Provide the individual with a reasonable opportunity to voluntarily comply.
(b) Provide other officers and individuals with warning that a Taser may be deployed.
If, after a verbal warning, an individual continues to express an unwillingness to voluntarily comply
with an officer's lawful orders and it appears both reasonable and practical under the
circumstances, the officer may, but is not required to, display the electrical arc (provided there is not
a cartridge loaded into the Taser) or the aiming laser in a further attempt to gain compliance prior to
the application of the Taser. The laser should never be intentionally directed into the eyes of
another as it may permanently impair his/her vision.

Policy 309 - Taser (12-05-07)

Page 1

The fact that a verbal and/or other warning was given, or reasons it was not given, shall be
documented in any related reports.

309.4 USE OF THE TASER
As with any law enforcement equipment, the Taser has limitations and restrictions reqUlnng
consideration before its use. The Taser should only be used when its operator can safely approach
the subject within the operational range of the Taser. Although the Taser may be generally effective
in subduing most individuals, officers should be prepared with other options in the event it is not
effective.
Because the application of the Taser in the "Drive Stun" mode (i.e., direct contact without probes)
affects a smaller area of the body and requires close proximity to the subject, additional caution
should be exercised and the controlling effects may be limited. Application of the Taser in the Drive
Stun mode is effective as a method to complete the circuit when one of the probes fails to connect
with the subject.
309.41 AUTHORIZED USE OF THE TASER
Authorized personnel may use the Taser only when circumstances known to the individual officer at
the time indicate that the application of the Taser is reasonable to subdue or control:

(a) a person who the officer reasonably believes creates an immediate, credible threat to the
physical safety of himself/herself, the officer, or another person; or
(b) a person who engages in, or displays the intent to engage in, aggressive physical
resistance to a lawful police action; or
(c) a person who has been placed under arrest or is so advised but engages in active physical
resistance exceeding officers' ability to control him/her using strength or control holds. A Taser
may be used to gain control of such a person in lieu of engaging in a struggle with him/her that
would risk greater injury to the subject or officers than use of the Taser; or
(d) a person who flees from arrest for a crime for which a person would nonmally be taken into
custody, in lieu of using another force option more likely to result in injury to the subject or
officer, such as tackling or striking. The fact that a person is fleeing should not be the sole
justification for use of a Taser. Officers should consider the severity of the offense, the threat
the person poses to others, the person's history of violent behavior, what other options are
available to apprehend the individual, and other relevant circumstances to detenmine whether
the use of a Taser is reasonable for the situation.
"Aggressive physical resistance" as used in this section means physical actions which attack or
threaten to attack the officer, coupled with the ability to carry out the attack, which may result in
physical injury.
309.42 RESTRICTIONS ON TASER USE

Even if authorized by §309.41, the use of the Taser is restricted under the following circumstances:
(a)
The Taser should not be used against the individuals listed below, who may be more
susceptible to injury, unless one of the listed exceptions exists.
•

Females who are known to be, or who obViously are, pregnant

Policy 309 - Taser

(12-0~07)

Page 2

•

Elderly individuals or young children (e.g., obviously less than 12 years of age)

•

Individuals who are known to be, or who obviously are, medically fragile

•

Individuals who have been recently sprayed with alcohol-based OC spray or who are
otherwise in close proximity to, or contaminated with, flammable liquids or gasses

•

Individuals whose position or activity may result in collateral injury (e.g., falls from
height, operating vehicles, in or near a pool or body of water)

Exceptions that would permit the use of the Taser in these circumstances are:
•

The person is armed with a dangerous weapon;

•

The person is engaging in suicidal behavior; or

•

The person cannot be safely controlled with other available force options.

(b)
A Taser shall not be used at a demonstration or protest without authorization of the Chief of
Police or designee unless its use is reasonably necessary to prevent injury to the officer or another
person.
(c)
A Taser shall not be used against persons engaged only in verbal or passive resistance. For
purposes of this policy, "passive resistance" means non-compliance with an officer's orders
unaccompanied by any active or physical resistance. A Taser may be used against an individual
who has been advised that s/he is under arrest and who is resisting arrest by holding onto an object
if the only other option(s) available to the officer to take the person into custody would likely result in
significant injury to the person, an officer, or another person. In this circumstance, the Taser should
be used in "drive stun" mode, and only to the extent required to have the person release his/her
hold.
(d)
A Taser shall not be used on individuals who are handcuffed or otherwise restrained, absent
overtly assaultive behavior that cannot be reasonably dealt with in any other less intrusive fashion.
Officers using the Taser on a restrained individual should consider using the Taser in "drive stun"
mode and only to the extent required to gain control of the person.
(e)
Individuals suspected of being under the influence of drugs/alcohol or exhibiting symptoms
of "excited delirium" (e.g. nudity, profuse sweating, irrational behavior) may be more susceptible to
certain medical problems and should be closely monitored following the application of the Taser
until they can be examined by paramedics or other medical personnel. Following use of a Taser,
officers should use a restraint technique that does not impair respiration and will summon EMS to
examine the individual as outlined in §309.5.
(I)
A Taser shall not be used as a prod or escort device, or to arouse unconscious, impaired, or
intoxicated individuals.
(g)

Officers should not intentionally aim for the head, neck, or groin.

(h)

The Taser shall not be used punitively, or to harass or inflict undue pain on any individual.

309.43 MULTIPLE APPLICATIONS OF THE TASER DEVICE

Multiple Taser activations or activations exceeding the standard five-second duration may increase
the risk of injury or death and should be avoided when possible.

Policy 309 - Taser (12-05-07)

Page 3

If, after a single application of the Taser, an officer is still unable to gain control of an individual and
circumstances allow, the officer should consider whether or not the Taser is making proper contact,
whether the Taser is limiting the person's ability to comply, or if other tactics may be more
appropriate or effective. After each application of the Taser, the officer should weigh the
circumstances involved to determine whether an additional Taser discharge would be appropriate
under provisions of this policy. When practical, officers should give a verbal waming prior to each
activation.
Only one officer at a time should discharge his/her Taser at a person. If more than one Taser is
unholstered for potential use, officers should communicate with each other in order to prevent
multiple discharges or a sympathetic discharge of additional Tasers. If practical, officers assisting a
Taser operator will attempt to gain physical control of a subject while the Taser is being activated or
immediately thereafter.
The number of Taser applications should not exceed three. For purposes of this section,
"application" means that the Taser probes or contacts appear to have effectively connected with the
subject as intended. If officers have not achieved reasonable control of the person following three
applications of the Taser, other options should be employed.

309.44 REPORT OF USE
All Taser discharges shall be documented in the related arrest/crime report and on the Taser report
form. Accidental discharges of a Taser cartridge will also be documented on the Taser report form.
Any report documenting the discharge of a Taser cartridge will include the serial number(s) of the
cartridge(s) used and an explanation of the circumstances surrounding the discharge.

Specific details will be included articulating the rationale for Taser use when, during a given
incident:
• A Taser is applied more than once, or the Taser is applied for a total length of time
exceeding 15 seconds, during an incident;
• More than one Taser is used against an individual; or
• A Taser is used against an individual fitting one of the categories outlined in §309.42(a).
The Taser report form will also be used to report a situation In which a verbal warning of potential
Taser use was issued and compliance gained without an actual Taser discharge.
The on-board Taser memory will be downloaded through the dataport by the supervisor, and saved
with the related arrest/crime report.
309.45 TASER CAM ™
The TASER can be equipped with TASER Cam™ which is an audio-video recording device
integrated into the power supply. The TASER Cam is activated any time the safety is in the "off"
position. The safety should not be in the "off" position unless the officer intends the use the device
and the guidelines established in sections 309.3 and 309.4 are met. Any time the TASER Cam has
been activated, the video and audio data should be downloaded in accordance with current
department evidence procedures and referenced in any related report(s).

Taser Cam data will be handled and retained in the same way as in-car video data, except for those
provisions which by their nature cannot apply (refer General Order 301.4).

Policy 309 - Taser (12-05-07)

Page 4

309.46 SUPERVISOR RESPONSE
Whenever feasible, a sworn supervisor will respond to all incident scenes where a Taser is actually
used against a person.
309.47 DEFENSE AGAINST TASER
If a person armed with a Taser or similar device uses or threatens to use the device against an
officer, the officer or another officer may use reasonable force to defend the officer in order to avoid
becoming incapacitated and risking the possibility that the person could gain control of the
incapacitated officer's firearm.
309.48 USE WITH ANIMALS
The Taser may be used to defend against an aggressive animal which poses a threat to the officer,
another person, a police service dog, or an assistance animal as defined in ORS 346.680, or which
is attacking another animal.
309.5 MEDICAL TREATMENT
Any person who has been subjected to the electric discharge of a Taser and/or struck by Taser
probes shall be medically cleared prior to being booked at a correctional facility. EMS will be
summoned to examine individuals who have been subjected to the electric discharge of a Taser
and/or struck by Taser probes when:
• the person is suspected of being under the influence of controlled substances and/or
alcohol;
• the person is younger than 12 years of age, or older than 60 years of age;
• the person is known to be, or is obviously, pregnant;
• the person is known to be, or is obViously, medically fragile;
• the person is exhibiting symptoms of hyper stimulation or excited delirium;
• the person has received multiple Taser activations, or the combined length of Taser
activations has exceeded 15 seconds;
• a Taser probe is lodged in a sensitive area (e.g., groin, female breast, near the eyes);
• the officer observes that the individual is experiencing any distress beyond what would
normally be expected under the circumstances; or
• the person requests medical treatment or EMS response.
Because the Taser causes a person to undergo involuntary muscle spasms, officers should also be
aware of the possibility of injuries due to falls, or from sudden or excessive muscular tension.
Officers who are trained to do so may remove the metal probes from a person struck with the Taser
probes. If a person is struck with the probes in a sensitive area, the probes should be removed by
a medical professional.
Prior to transitioning custody of a person who has received a Taser discharge to a correctional
facility, hospital, or other facility, officers should advise the appropriate receiving party of the Taser
deployment and any aftercare provided.

309.6 ACTIONS FOLLOWING TASER USE
If the Taser probes have contacted the person's skin, or if the Taser has been used in drive stun
mode against the person's skin, take color photographs of the locations where the device was
applied, as well as any other injuries related to the incident. Consent should be obtained before
photographing personally sensitive areas. If a person adamantly opposes photographs of a
sensitive area, document the refusal in the police report.
Absent extenuating circumstances, the cartridge(s), probes, and wires used may be discarded in an

Policy 309 - Taser (12-05-07)

PageS

appropriate manner. Probes which have penetrated the skin should be considered biohazards, and
disposed of in the appropriate manner. At least three Anti-Felon Identification Tags (AFIDs) from
each cartridge used will be collected and submitted as evidence.

309.7 REVIEW OF TASER USE
Each report of use of a Taser will be reviewed by the lieutenant in the officer's chain of command to
determine whether the use was in compliance with department policy.

309.8 TRAINING
In addition to the initial department approved training required to carry and use a Taser, personnel
carrying the Taser must receive annual recertification. A reassessment of an officer's knowledge
and/or practical skill may be required at any time if deemed appropriate by the Training Manager.

Policy 309 - Taser (12-05-07)

Page 6

Pp.QCEDURAL
URDER

Las Vegas Metropolitan Police Department
Partners with the Community
Nov. 4, 2004

TO

ALL PERSONNEL

SUBJECT

USE OF THE TASER®

Additional
Information

Revises PO-02-04. Changes appear in

Accreditation
Standards

1.3.4,1.35,1.3.6,1.3.7,1.3.9,1.3.10.1.3.11

Approval
Signature

Directive No.

PO-43-04
Effective Date

Nov. 15, 2004

italics.
DeRt. Manual

Re erence:

6/003.00

Bill Young, Sheriff
Douglas C. Gillespie, Undersheriff

It is the policy ofthis department to authorize the use olthe TASER® as a use of force option. The TASER® falls into Level
Three of the force options and is considered a non-lethal use of force ..

DEFINITIONS
TASER®

An electro-muscular disruption weapon that disrupts the body's ability to communicate messages from
the brain to the muscles causing temporary motor skill dysfunction to a subject.

Drive Stun

Asecondary function of the TASER® is to stun a subject by making direct contact with the body after
the air cartridge has been expended or removed.

Air Cartridge

Areplaceable cartridge for the TASER® which uses compressed nitrogen to flre two barbed probes on
thin connecting wires sending a high voltage/low current signal into a subject.

GENERAL
Departmentmembers are notauthorizedto draw or display the TASER@, except for training, unless the circumstances create
reasonable beliefthat it may be necessary to use it. The TASER@ will be handled in the same manner as a firearm and will
be secured prior to entering any detention facility.

There are three separate types ofreportable TASER@ applications
I. Spark Displav - A non-contact demonstration ofthe TASER's@abIlitytodischargeelectricity. This is conducted
only when the cartridge has been removed from the weapon. The purpose ofthis display is to convince the subject
to comply with a lawful order and avoid the TASER@ being deployed in the Drive Stun or Probe mode.
2. Drive Stun - Contact is made bypressing the front ofthe TASER@ (cartridge removed) Into the body ofa subject
resisting iawli.Jl orders, andactivating the TASER@. The Drive Stun causes Significant localized pain in the area
touched by the TASER@ but does not have a significant effect on the centralnervous system. The Drive Stun does
not incapacitate asubject but may assist in takinga subject into custody. If a TASER@ is fired using the cartridge,
at a distance ofless than three feet, the effect will be very similar to a Drive Stun.
3. Probe - The TASER@ is most effective when the cartrIdge is fired and the probes/darts make direct contact with
the subject. Proper applIcation will result in temporary immobilization of the subject and provide the omcer a
"window ofopportunity" in whIch to take the sulject safely into custody. Optimum range for probe deployment
is 7 to 15 feet with a 21 foot maximum distance. Deployment ofthe TASER@cartridgeatdistancesoflessthan
three feet will not result in temporary immobilization or central nervous system disruption.
The TASER@isoneoftheoptionsavailabletoomcers. The TASER@, like the baton, OC spray oremptyhand techniques
maynot be effectivein everysituation. Omcersmustassess the effectiveness ofeach applIcation anddetermine whether further
applIcations are warrantedora different tactIc should be employed. The dectsion to use the TASER@wIllbedependentupon
the actions ofthe subject, the threat facing the omcer, and the totality ofcircumstances surrounding the incident.
The TASER@ may be used when a subject is displaying active, aggressive or aggravated aggressive resistance to an omcer
attempting to conduct legal law enforcement activities (see 6/002.00, Use ofForce, for definitions).
The TASER® will not be used:
i. when the omcer knows a subject has come in contact with flammable liqUids or is in a flammable atmosphere;
2. when the subject is in a position where a fall may cause substantial injury or death:

PO-43-04
3.
4.
5.
6.
7.

2

punitively for purposes ofcoercion, or in an unjustified manner;
when a prisoner is handcuffed.
to escort or jab individuals;
to awaken unconscious or intoxicated individuals: or
when the subject is visibly pregnant, unless deadly force is the only other option.

The TASER® should not be used In the following circumstances (unless there are compelling reasons to do so which can
be clearly articulated):
I. when the subject is operating a motor vehicle;
2. when the subject Is holding a firearm;
3. when the subject Is at the extremes ofage or physically disabled. or
4. in a situation where deadly force is clearlyjustifiable unless another omcer is present and capable ofproviding
deadly force to protect the omcers and/or civilians as necessary.
TRAINING AND CERTIFICATION
Defensive Tactics Instructors who have been certified as TASER@ instructors will be the only authorizedpeISons to instruct
on the TASER@. Training will be conducted in accordance with department protocols. Officers authorized to use a
TASER® must successfully complete an initial certification training course, to include written and practical tests. Once
certified, officers must attend annual re-certificatlon training. AllPatrolDivision OmCeIS, below the rank oflieutenant, must
obtain certification training and carry the TASER@ when in uniform.

EQUIPMENT CARE AND HANDLING
Officers will use only authorized TASER® equipment iSsued by the LVMPD Supply Section. The TASER® will be
inspected for damage and cleanliness, and batteries and cartridges replaced when required by the omcer. The battery display
will be checked on the CID at the beginning ofeach shift. A reading of20% or less will require the DPMlbattery pack be
changed. The DPMlbattery pack will not be removed from the TASERS@ except when the reading is 20% or less or to
conduct a data download. The TASER@ will never be stored more than 48 hOUIS without the DPMlbatterypack attached.
When offduty, TASERS@must be stored and secured in a climate-controlled area (i.e. locker), not in a vehicle.

omceIS must conduct a spark check at the beginning ofshift to ensure the TASER@ wiJl function properly. A spark check
is an eqUipment check conducted outside ofpublic view to ensure the TASER@ is operable. It is conducted byremoving the
cartridge, test firing the weapon andobserving the electricalarc. This spark check does notrequire completion ofa use offorce
report.
Uniformed OmCeIS will carry the TASER@in a department issued holster. The holster will be carried on the duty belt, on
the side opposite the duty firearm, crossdraw position is optional. Non-Uniformed OmCeIS will cany the TASER@ in an
approvedholster on the side opposite the duty firearm. OmCeIShave the option ofcarrying the standardDPMor the X-DPM
which is an extended version, capable ofcanying a spare TASER@ cartridge.
P.O. DEPLOYMENT ONLY
Patrol Officer
1.
Gives a warning, when practical, to the subject and other officers before firing the TASER® at the subject.
2.
Center mass ofbody should be primary target area, particularly the centermass ofthe back, as clothing tends to be
tighter on this part ofthe body.
3.
When encountering subjects wearing heavy or loose clothing on the upper body, the legs should be considered as a
target.
4.
Attempts to avoid hitting the subject in sensitive tissue areas such as head, face, neck, groin, or female breast area,
however probes penetrating these areas will be removed by medical personnel at a medical facility.
5.
Ensures the probes are removed from the subject's skin by a TASER® certified officer.
6.
Use of the "Drive Stun" is discouraged except in situations where the 'Probe" deployment is not possible and the
immediateapplication ofthe ''Drive Stun" willbringasubjectdisplayingactive, aggressive oraggravatedaggressive
resistance safely under control. Multiple ''Drive Stuns" are discouraged and must bejustified and articulated on
the Use ofForce form. Ifinitialapplication is ineffective, omcer will reassess situation andconsider otheravailable
options.
7.
Notifies detention medical personnel, at the time of booking, that the subject has been struck with TASER®
probes or received a drive stun. An examination will be conducted by detention medical personnel to determine
whether the individual has suffered any injury, either directly from the TASER@ discharge or indirectly, such as
by falling after incapacitation.
8.
Makes notification to immediate supervisor whenever the TASER® has been used.

PO-43-04

3

Communications
9.
Makes notifications as requested.

Immediate Supervisor
10.
Responds to the scene when a TASER® has been used.
II.
Notifies the area lieutenant and/or watch commander when a TASER® has been used.
12.
Ensures photographs are taken ofthe site ofthe probe impacts and any related injuries and attached to the Use of
Force Report.
Area LieutenantlWatch Commander
13.
Responds to the scene if serious bodily injury resulted from the use ofthe TASER®, or other circumstances dictate.
DSD DEPLOYMENT ONLY
Corrections Sergeant or SERT Team Officer
1.
Responds to the scene with at least two cartridges.
2.
Considers other alternatives to resolve the incident before deploying the TASER®.
3.
Ensures sufficient back-up officers are present prior to use.
4.
Gives a warning, when practical, to the inmate and other officers before targeting and firing the TASER® at an
inmate.
5.
Center mass ofbodyshould be primary target area. particularly the center mass ofthe hack, as dothing tends to be
tighter on this part ofthe body.
6.
When encountering subjects wearing heavy or loose dothing on the upper body, the legs should be considered as a
target.
7.
Attempts to avoidhitting the subject in sensitive tissue areas such as head, face, neck, groin, or female breast area,
however probes penetrating these areas will be removed by medicalpersonnel.
8.
Ensures the probes are removed from the subject's skin by a TASER@ certified officer.
9.
Video tapes non-emergent deployments pursuant to division procedures.
10.
Use ofthe ''Drive Stun" is discouraged except in situations where the "Probe" depioyment is not possible and the
immediate application ofthe "Drive Stun" will bringasubjectdispiaying active, aggreSSive oraggravatedaggreSSive
resistance safely under control. Multiple "Drive Stuns" are discouraged and must bejustified and articulated on
the Use ofForce form. Ifinitial application is ineffective. officer willreassess situation andconsiderotheravailable
options.
11.
Notifies the corrections lieutenant and medical staff to respond to the scene of a TASER® deployment.
12.
Ensures photographs are taken of the site of the probe impacts and any related injuries.
DSD Medical Staff
13.
An examInatIon will be conducted byDSD medicalpersonnel to determine whether the individualhassufferedany
injury. either directIy from the TASER@dischargeor indirectly, such as by falling after incapadtation.
POST-DEPLOYMENT
Police Officer/Corrections Officer
I.
Handles the probes the same as contaminated needles and sharps in accordance with department biohazard disposal
procedures (see Department Manual sectIon 5/110.10). Impounds allprobes removed at a medical fadlity.
2.
Completes Use of Force Report, LVMPD 156 (Automated) in accordance with Department Manual Section
6/002.00, Use afForce, whenever aTASER® is fired, whether asubiect is struck or not. when the drivestun mode
is used on asubjeer 0' whm tI span tInno1UtrtltUJn is ""tulru:tttL MttIebu tinyphotos to origirud ""py ofthe ...,ort,
3.
Presents TASER@ to supervisor for data download prior to end ofshift ifa reported use of force inddent occurs.
4.
Forwards a copy ofthe Use ofForce Report to the bureau/area commander.
Supervisor
5.
Ensures the officers compiete reports and that required photographs are taken.
6.
Verifies the probes are disposed of properly and arranges for replacement cartridges.
7.
Downloads the data record ofthe TASER@prior to the end ofshift in which areported use offorce incident occurs
and saves data to the appropriate file. (Note: This file is not currently available; Information Technologies is in
the process ofestablishing it. In the meantime. the TASER@ download should be made and attached to the Use of
Force Report. Notification will be made and instructions provided when the automated system is available.)
Bureau/Area Command Supervisor
8.
Ensures data of TASER@ has been downloaded, Use ofForce report is complete, accurate and forwarded to the

PO-43-04

4

Internal Affairs Section according to department protocols.
9.

SM

Ensures a control log is maintained for weapon/cartridge check-out and check-in, and weapon repairs.
(i/04, 11/04).