Taser Sample Law Enforcement Agency Policy 2005

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Taser Sample Law Enforcement Agency Policy 2005

• Topics: Excessive Force, Stun Guns/Tasers

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Sample Law Enforcement Agency
Unit: Law Enforcement Agency Policies and Procedures

Directive Number:
K - 0002

Title: Electronic Control Devices (“ECD”)
- Advanced Taser® (M26 or X26)

Effective Date:
June 21, 2005

Index:

Revision Date:

Issued by:
Chief, Sheriff, or Executive Officer

Issued On:
June 21, 2006

State Statutory References:
CALEA Standard References: 1.3.1, 1.3.2, 1.3.3, 1.3.4, 1.3.5, 1.3.6, 1.3.7, 1.3.8, 1.3.9, 1.3.10, 1.3.13
State Accreditation References:
Other References: Numerous medical and safety studies, UK Home Office Study, HECOE Study, and
others. Numerous department ECD use reports, including Orange County, Florida. Numerous
department ECD policies. ECD training materials. Numerous ECD policies from other agencies.
This Directive is for internal use only, and other than as contraindicated here this Directive does not create or enlarge this
Department's, governmental entity's, any of this Department's officers, and/or any other entities' civil, criminal, and/or other
accountability in any way (except as noted herein). This Directive is not to be construed as the creation of a standard of safety or
care in any sense, with respect to any complaint, demand for settlement, or any other form of grievance, litigation, and/or other
action. Deviations from this Directive, if substantiated, can only form the basis for intra-Departmental administrative action(s).

Primary Objective - To establish this Department's policy regarding electronic control devices
(“ECD”).

Policy - The policy of this Department is to accomplish its mission as effectively as possible within
the bounds of applicable state and federal law. Officers will only use such force when legally
acceptable under applicable federal and State law.

Definitions:
a. AFID - “Anti-Felon Identification” system provides accountability for each use of the ECD device
via the dispersal of tiny unique coded tags every time the device is “probe deployed” – a
cartridge is discharged.
b.

Sudden short-term discomfort - ECD application generally causes an overwhelming
instantaneous sensation of discomfort and loss of voluntary muscle control. This overwhelming
instantaneous discomfort ceases and dissipates almost immediately upon discontinuance of
ECD discharge.

Cartridge - Refers to an Air Cartridge manufactured by Taser International, Inc. specifically for
use with the Taser M26 or X26.

Detainee - Refers to a person who is housed in a detention center, correctional facility, or other
facility for the incarceration (temporary or long-term) of individuals.

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ECD - Electronic control device, is a conducted energy device. The ECD is a hand-held unit that
can be used in two (2) modes:
1) “Probe Deployment” or “Probe Mode” - Utilizing compressed nitrogen gas to propel two
(2) darts on wires from a cartridge a maximum of thirty-five (35) feet (depending on the
cartridge). The ECD sends an electrical signal to the probes, via small wires, which can
disrupt the subject’s body's ability to communicate messages from the brain to the muscles
and likely (depending upon many factors, including the distance between the probes, probe
placement, the depth of clothing on the person, etc.) usually causes motor-skill dysfunction.
2)

Touch Stun (aka “drive stun”) - Acting as a touch-stun system when the ECD is brought
into immediate, or close proximity, contact with a subject’s body, or clothing. “Touch stun”
only creates discomfort, due to the narrow spread of the ECD probes, touch-stun
application will likely not create motor-skill dysfunction.

ECD Records Custodian - The Department designated person responsible for collecting and
maintaining ECD records.

Officers - As used in this policy refers to certified law enforcement, correctional, and/or
detention personnel who are trained and authorized by the Department to carry and use an ECD
under the authority of this Department.

ECD - The Advanced Taser® (either M26 or X26 as manufactured by Taser International, Inc.)
(“Taser”) A ECD use-of-force (“UOF”) tool. The Taser is a UOF tool.

ECD use:
1) “ECD Displayed:” The ECD is withdrawn from the holster and visible to the subject. The
subject complies without further use of the ECD.
2)

“ECD Laser Painted:” The ECD’s laser is activated and pointed in the direction of the
suspect and in response to the Laser painting the suspect complies without further use of
the ECD.

“ECD Demonstrated:” The ECD is withdrawn from the holster, the air cartridge removed
and the electrical arcing is demonstrated to the subject to attempt to gain voluntary
compliance.

“ECD Deployed:” The ECD probes contact the subject’s body or clothing and/or a touch
stun is used to attempt to gain compliance.

ECD Training and Certification:
a. Who may use an ECD - Only trained and qualified Department officers may carry and/or use an
ECD.
b.

ECD Training - All members of the Department who carry and/or use an ECD must first
successfully complete a Department approved and mandated ECD familiarization program, to
include written and practical tests.

35' Cartridge Training - Any member of the Department who will use a 35' cartridge must
receive special training regarding the foreseeable trajectory of cartridge deployment.

ECD Re-Certification - A mandatory re-certification program will be completed annually.

Certified Instructors - All Department ECD certification programs will be presented by a Taser
International, Inc. certified (or equivalent) Taser instructor. The ECD instructor must be certified
with both the M26 and the X26.

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Department’s Discretion - The Department’s ECD training programs, just like its’ operational
policies, procedures, and guidelines, are solely at the discretion of the Department.

ECD Exposure - [Department Option: The Department solely determines whether officers are
required to experience voluntary ECD exposure. Taser International, Inc. makes no
recommendation whether ECD users should experience a voluntary ECD exposure – that
decision is solely up to the Department.]

Training Records - The Department shall maintain ECD training and certification records.

ECD Issuance:
a. Permitted ECDs - Officers may only carry and use M26 and/or X26 Tasers.
b.

ECD Issuance Records:
1) Specific Officer(s) Issuance:
a) A record will be kept of all ECDs, their serial numbers, and which officers the ECD has
been issued to.
b)

The Department shall designate a custodian of ECD records, the person responsible
for collecting and maintaining all ECD records.

Shift or Changing ECD Issuance – A check-in / check-out procedure will be established for
partial or changing ECD issuance.

ECD Cartridges:
1) Officers may only carry and use appropriate Taser manufactured cartridges.
2)

A record of ECD cartridge serial numbers will be maintained on a log sheet by the
Department. The log sheets will be available for audit as deemed necessary by the
Department. These log sheets shall be collected and maintained by the ECD records
custodian.

ECD Returned - In the event that an ECD is returned for repairs or is no longer utilized for
Department use the use history of that particular ECD will be down-loaded using the data port
access and appropriate software. The use history will be maintained by the Department for a
period of five (5) years from the date the ECD was taken out of service.

No Alternations/Modifications - No changes, alterations, modifications or substitutions shall be
made to the ECD or the cartridges. All repairs to ECDs or accessories shall be completed by a
Department authorized armorer or vendor. ECD repairs shall be documented and the records
shall be maintained by the ECD records custodian.

ECD Use Histories - ECD use histories will be run on each ECD as necessary. Necessary ECD
use history reports include:
1) following claims of excessive force by ECD application,

hospitalization of the ECD subject following ECD application,

a death following ECD application, and

claims of excessive numbers of ECD discharges.

Officers’ Responsibility for Damaged ECD/Cartridge - Officers who are issued an ECD
and/or cartridges are solely responsible for reporting to their supervisors promptly after learning

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that the ECD and/or the cartridges are damaged and/or in need of maintenance and/or repair.
The supervisor will forward the damaged ECD/cartridge to the issuing person and provide, as
reasonable, replacements to the officer.
6.

ECD Inspection Prior to Shift - prior to officers (carrying ECDs) commencing their shifts, the officers
shall:
a. Remove the cartridge from the ECD and briefly test arc (to observe the current battery condition)
the ECD in a safe manner.
b.

Visually inspect the ECD and the cartridges for noticeable wear or damage.

Documentation of checking – prior to shift – officers will note the ECD inspection on their daily
reports. Documentation may be as brief as “ECD checked and ok.”

Reasonable ECD Protection - The ECD is a highly sophisticated piece of electronic equipment that
operates on batteries. Therefore, officers shall reasonably protect the ECDs and the cartridges from:
a. Water, rain, snow, etc.
b.

Temperature extremes. Cold temperatures can negatively effect battery life, usability, and
effectiveness. Officers should reasonably insulate ECDs and cartridges from being
unnecessarily exposed to cold conditions.

Unreasonable exposure to dust, dirt, mud, etc.

Unreasonable risk of theft.

Unreasonable exposure to inclement ECD storage conditions. E.g. avoid storing an ECD in a
vehicle where it could be unreasonably subject to theft or adverse weather and/or environmental
conditions.

Unreasonable accessibility to people other than members of this Department.

Decision to Deploy the ECD:
a. Legal Requirement - Any deployment/use of an ECD must be consistent with applicable federal
and/or state laws. Officers may use ECDs as allowed by applicable federal and/or state laws.
Officers shall not use ECDs when such use would violate applicable federal and/or state laws.
b.

ECD Use – The ECD, in probe deployment mode, provides a UOF option which aids officers in
maintaining distance from perceived threats. The use of ECDs in either mode may also prevent
officers and subject injuries caused by subject resistance or non-compliance. Using ECDs may
reduce the need for other types of physical force by the officers which could foreseeably result in
potentially more serious or deadly injuries to the subject, officers, and/or others.

Officers’ Reasonable Beliefs - Officers’ decisions to deploy ECDs are dependant upon the
reasonably believed (by the officers) actions of the subject(s) or threat(s) facing the officers, and
the totality of the circumstances surrounding the incident.

Potential for Injury - ECDs are non-deadly UOF tools. However, ECDs, just like any UOF tool
or technique, can foreseeably create physical and/or muscle stress and/or exertion or other
unexpected, unforeseen or unanticipated primary and secondary injuries.

Subject Warning of ECD Application - Where the totality of reasonably perceived (to the
officers) circumstances reasonably permits officers to give a warning of the imminent application
of ECDs in an attempt to cause the subject to comply with officers’ lawful orders, officers may
give the subject a warning and an opportunity to voluntarily comply. However, if officers

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reasonably believe that the giving of such warning may escalate the risk and/or danger of the
incident or diminish the officers’ or others’ safety, then the officers are not required to give a
warning. It is foreseeable that officers’ announcement of imminent ECD deployment may cause
the subject to attack the officers, flee, inflict self-injury, attempt to injure others, etc.

Notification of ECD Imminent Use - Notifying Other On-Scene Officers - The ECD deploying
officers may reasonably notify any on-scene, assisting officers that they intend to deploy an
ECD. Prior to deploying ECDs the deploying officers should consider announcing, if reasonably
safe and feasible, "TASER! TASER! TASER!" The announcement should be made only if it
would not reasonably further endanger any officers, other persons, or the suspect. In at least
one case where a knife wielding person heard the word “Taser,” the subject immediately
charged and attacked the officers. This attack resulted in the person being shot with a firearm.

ECD Target - Center mass of the body should usually be the target area when discharging
ECDs, particularly the center mass of the subject’s back; as clothing tends to be tighter on this
part of the body. Officers encountering subjects wearing heavy or loose clothing on the upper
body may consider targeting the legs. The head, face, genitals, and female’s breasts should not
be intentionally targeted unless this elevated level of force can be legally justified under the
totality of the circumstances reasonably known to the officers at the time the ECDs are
deployed.

ECD Distance - The ECD in probe deployment mode has a normal effective range of thirteen
(13) feet, with a fifteen (15) foot cartridge; nineteen (19) feet with a twenty-one (21) foot
cartridge, twenty-one (21) feet with a twenty-five (25) foot cartridge, and thirty (30) feet with a
thirty-five (35') foot cartridge. Ranges under three (3) feet may not provide adequate distribution
of the probes to allow the ECD to function to its full effectiveness at incapacitating the subject.
However, discharging the ECD at a subject at a range closer than three (3) feet is usually not an
escalated danger to the subject. Also, point blank probe deployments have been demonstrated
to not create any additional risk of injury to the subject.

ECD - Off - Once the subject of the ECD application is restrained and/or controlled the ECD is to
be turned off.

ECD Re-application/Discharge - If the subject of an ECD application continues fighting,
resisting, threatening or continues to resist officers’ actions, the officers may reapply, again
discharge, the ECD. Note that application of an ECD causes physical exertion. And, each
successive ECD applications/discharges will likely continue to cause physical exertion. If officers
discharge an ECD several times the officers need to be aware of, and monitor, the subject’s
condition for signs of severe physical distress.

Verbal Commands – In an attempt to minimize the number of ECD discharges needed to cause
subject compliance, officers should, while deploying the ECD, reasonably direct (order) the suspect
as the incident mandates. Such verbal commands may include, stop resisting, lie flat, put hands
behind back, etc.

10. Touch-Stun Mode - The use of an ECD in “touch-stun” mode will not reliably or foreseeably
incapacitate the subject. Therefore, when an ECD is used in touch-stun mode it will only foreseeably
cause discomfort. Officers will not use ECDs in touch-stun mode if the officers reasonably believe
that discomfort will not cause the subject to be compliant with the officers, e.g. on a drug induced
highly pain resistant subject.
11. ECD shall not be used:
a. punitively.
b.

in touch-stun mode as a prod or escort device.

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to rouse unconscious, impaired, or intoxicated individuals.

for horse play or clowning around or in an unprofessional manner.

to experiment on a person or allow a person to experience the ECD, even if the person requests
it, when the ECD’s use would not otherwise be allowed by this policy. This ECD experience
does not apply to voluntary ECD training exposures or ECD demonstrations as authorized by the
Department..

for illegal purposes of coercion.

12. ECDs may be used:
a. when physical force is legally justified to prevent the reasonably foreseeable threat or actual
attempted assault, battery, and/or injury to officers, other person, and/or the subject.
b.

to display the ECD’s "test arc" or "painting" the subject with the ECD’s laser to attempt to gain
compliance of a subject where resistance, assault, and/or violence is reasonably anticipated.

13. Use of ECDs on Persons:
a. ECDs may be used in those situations where:
1) Officers reasonably believe that the subject is an imminent threat to themself, officers, or
other person(s) with assault, battery, violence, and/or physical force.
2)

In cases where officer / subject factors reasonably indicate that the officers, offender,
and/or other person may likely be endangered by the use of physical force by the subject.

Elevated ECD Application Risk Factors – The following factors, where apparent to involved
officers, require elevated justification of ECD application. Under the following conditions the risks
of foreseeable direct or secondary injuries are foreseeably elevated, thus officers’ justification(s)
for ECD application are also elevated. These elevated risk factors can only be given
consideration when the factors are reasonably perceived by the officers:
1) Presence of flammable liquids/fumes or explosive environments
a) Under some circumstances, the discharge of ECDs may ignite flammable
liquids/fumes. ECDs deployed at subjects who are reasonably perceived by the
officers to have recently come into contact with flammable liquids/fumes, or in
environments where flammable liquids/fumes are known to be present, may result in
secondary injuries/burns. Officers should be especially aware of this potential
flammability issue when present in known meth lab environments.
b)

However, even though a person who has come into contact with a flammable liquid
creates a higher degree of potential risk, the totality of the circumstances may indicate
that the subject may still be subjected to an ECD. As an example, a person is flailing a
knife approximately twenty (20) feet from officers. The officers know that the person
has come into contact with lighter fluid and still has the fluid on his clothing. The
person now starts aggressively walking toward the officers. Even though the officers
have lethal (firearm) cover the officers may still reasonably perceive a need to try to
stop this subject’s aggression with the ECD. And, the fact that the subject may have
flammable liquid on his person does not create an absolute bar to the use of the ECD.

Elevated positions - Reasonable considerations and care need to be taken when
deploying an ECD on a subject who is in or on an elevated position or in circumstance
where a fall resulting from the ECD application may reasonably and foreseeably cause
substantial injury or death. Obviously, the higher the elevation or the more foreseeable the

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secondary injury from falling the greater the justification for the ECD application that will be
required of the officers.
3)

Person operating moving vehicle or machinery - The use of an ECD on a person
operating a moving vehicle or machinery could result in severe secondary consequences.
Therefore, any application of an ECD on a person operating a moving vehicle or machinery
will foreseeably require elevated justification(s) for the ECD use.

Person running (fleeing) - A subject who is exposed to an ECD while running may
foreseeably fall as a result of the ECD exposure combined by the running. Since this fall will
foreseeably be dynamic the risks of secondary injuries (from the running momentum) will
likely result in greater risks of injury. Therefore, elevated justification will be required for an
ECD deployment on a running subject.

Pregnant female:
a) Use of an ECD on a pregnant female may be alleged to cause injury to the woman
and/or her fetus. Also, should a pregnant female fall onto her stomach during the ECD
application there is an enhanced risk of secondary injuries. Therefore, where officers
deploying ECDs reasonably believe the female subject to be pregnant greater
justification for the ECD application will be required.
b)

However, officers are not prohibited from using an ECD on a pregnant female in all
possible circumstances. As an example, officers encounter a crazed violent obviously
pregnant female who appears to be under the influence of illegal drugs. This female is
threatening to plunge a large butcher knife into her abdomen (and her baby). The
officers facing this imminent threat may reasonably believe that the use of the ECD on
this person may be a reasonable choice to attempt to save the lives of the fetus and
the mother.

Swimming pool or other body of water - If a person could reasonably foreseeably fall
into a swimming pool or body of water due to application of an ECD, the officers will need to
have elevated justification for the ECD application use due to the foreseeable
consequences of use of the ECD on the subject under these circumstances. The elevated
risk here is the risk that the subject may not be able to prevent themself from drowning.

Intentional ECD application to sensitive areas - If an officer intentionally applies an ECD
to a sensitive body area, (head, neck, groin, genitals, and/or female’s breasts), greater legal
justification will be required from the officer.

Non-standard repeated ECD applications - The use of an ECD on a person results in
some degree of physical exertion or stress (due to muscle contractions, discomfort, etc.).
Repeated ECD discharges foreseeably result in additional exertion and stress. An ECD
incident may necessitate multiple ECD discharges. An incident where a person receives
multiple ECD discharges may require elevated rustication(s).

Societal perceptions and concerns creating need for elevated justification factors - 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
harm, 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 and/or serious bodily harm to officers, others,
and themselves, can be so resistive that the use of ECDs are eminently justified, etc.. However,
since society generally places individuals within these groups into protected classes, officers
using an ECD on one of these individuals will foreseeably be placed under heightened scrutiny

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and will likely be required to provide additional justification for the use of the ECD. These groups
include:
1) Children - When officers apply an ECD to a child, [as defined by applicable state law], the
younger the child the greater the justification that will be required for the officers’ application
of the ECD. However, ECDs have saved the lives of numerous children who were imminent
threats of death or serious bodily injury to themselves, others, and officers immediately prior
to the ECD applications. Normally these children were armed with edged weapons and
threatening imminent use. Also, as with restraints, just because a subject is a “child,” does
not automatically provide that the person is not an imminent threat or danger to him/herself,
others, or the officers. Also, in some situations the utilization of an ECD is less potentially
injurious to the child than other force tools and/or techniques, e.g. if officers were to place a
strong wrist lock or arm bar on a small child there is a risk of a spiral break to the child’s
appendage. In such a case, an ECD may be a better force choice.
2)

Seniors - Seniors are often not seen as serious threats. However, there are many
instances where seniors are substantial threats to officers, others, family members, and/or
themselves. As circumstances reasonably permit, officers shall take into account a
subject’s frailties or obvious vulnerabilities or conditions.

Restrained subjects - If subjects are no longer a threat, restrained, subdued, and
compliant an ECD shall not be used. However, just because subjects are restrained (by
handcuffs or other means) does not necessarily mean that they are subdued, or no longer a
serious threat to officers, others, and/or themselves. If subjects continue to be threats to
officers, others, and/or themselves, then officers may utilize an ECD.

Passive subjects who are being arrested: A “passive subject is one who is to be arrested
because legal justification exists to arrest the subject and officers are attempting to place
the person under arrest, and the person is passively resisting the arrest. A “passive
resisting” subject does not include a subject who is exhibiting active resistance (e.g. flailing,
jerking, etc.) or where officers can articulate a threat of active resistance. [Department
option - choose one of the following policy choices]:
a) The use of ECD is not allowed on purely passive subjects. (OR)
b)

The use of an ECD is allowed on passive resistant subjects. If officers use an ECD on
a passive person the officers’ justification requirement is escalated. However, the
Department does not forbid the use of an ECD on all passive persons. As an example,
if officers are attempting to arrest a very large person – weighing 300+ pounds and the
subject is refusing to move, get up, get out of the car, etc., then the officers may,
(when reasonably safe to do so) after giving the person warning of the imminent use of
the ECD in an attempt to gain voluntary compliance with the officers’ lawful orders,
and after (when reasonably safe to do so) giving the subject a chance to comply, the
officers may use the ECD to attempt to gain compliance. Also, if safety to the officers
or others may be comprised by providing warning of the imminent use of an ECD, then
the officers may decide not to give warning of the ECD application.

ECD use on detainees:
1) An ECD may be used on detainees just as any person under this policy.
2)

An ECD may be used against combative, assaultive, foreseeably violent detainees as
provided for ECD use against any person under this policy.

14. Other ECD Factors to Consider:
a. ECD is Not a Substitute for Deadly Force - An ECD is not a substitute for deadly force and
should not be used in those situations. In deadly force situations, officers decision to deploy the
ECD should be backed up with the immediate availability of lethal force.

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ECD - Not Firearm - Prior to the deployment of an ECD the officers deploying the ECD have the
responsibility to reasonably visually and physically confirm that the tool selected is in fact an
ECD and not a firearm.

15. Actions after ECD Deployment:
a. Appropriate post-incident action should be taken to care for the injured, to apprehend suspects,
and to protect the scene.
b.

An ECD will not be left unattended except in exigent circumstances as when an officer is forced
to act alone in taking custody of subject reasonably posing imminent threat.

When reasonable to do so, the ECD deploying officer shall notify dispatch of the ECD
deployment/use.

16. Post ECD Medical Attention:
a. If officers reasonably believe that the subject upon whom the ECD was used exhibits any sign of
medical distress, the officers shall render aid and summon emergency medical care.
b.

If needed, reasonable and appropriate, medical personnel shall be summoned to the scene to
assess the ECD subject. If the exam or other circumstances dictate the subject needs further
medical treatment the subject shall be transported by reasonable means to a suitable medical
facility.

Medical treatment will not be refused for anyone who requests it.

If officers reasonably believe that the subject is in need of medical treatment the officers shall
make reasonable efforts to provide, or arrange for, the medical services.

If safety circumstances reasonably dictate moving the subject to another location, officers may
arrange to have emergency medical personnel meet the officers and the subject at another
location to assess the subject and render care.

If emergency medical care or transport is not reasonably available, or if the perceived response
delay appears excessive, then per Department policies the subject may be transported by the
officers for medical evaluation. During transport the officers shall reasonably monitor the
subject’s observable physical condition.

17. Probe Removal:
a. Some probes will simply fall out. If a subject, who has a probe embedded in their body, requests
that the probe be removed by medical personnel, then the officers shall arrange for medical
personnel to remove the probes.
b.

Medical personnel shall remove probes located in sensitive areas such as the face, neck, groin
or female’s breast.

Removal of probes in non-sensitive areas may be done by officers. Officers, or other trained
personnel, will provide first aid following removal of the probes by applying iodine or alcohol
wipes, and band-aids to the probe sites as needed. Officers should inspect the probes after
removal to see that the entire probe and probe barb has been removed. In the event that a
probe, or probe barb, has broken off and it is still embedded in a subject's skin; the subject shall
be provided appropriate medical attention to facilitate the removal of the object.

18. Supervisor Response to ECD Use - Where appropriate and reasonable [Departments option: many
departments do not have supervisors readily available]:

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Supervisor shall be advised of any ECD use.

Supervisor should respond to the scene of the ECD use.

Supervisor shall review with the officers the circumstances under which the ECD was used.

Supervisor shall review and follow-up on the officer’s ECD use report.

As circumstances indicate, supervisor shall follow-up on forwarding the officers’ ECD use report
as appropriate.

19. Photographs:
a. When lawful and appropriate to do so, photographs should be taken of probe impact sites and
any other related injuries as soon as reasonable to do so.
b.

In some instances photographs may not be taken, such as in some cases of juveniles or when
the probes impacted genitals, female’s breasts, etc. It is important to preserve evidence of the
ECD use, however, it is also important to not violate any medical, HIPPA, or privacy statutes or
other legal restrictions.

20. Probes - Biohazard:
a. Probes that have been deployed and strike the subject will be treated as biohazard sharps. They
may be placed point down into the expended cartridge bores and secured (e.g. with latex
glove(s), tape, etc.).
b.

Where ECD probe deployment is not a reasonably foreseeable issue, and where there is no
indication of serious injury, probes and expended cartridges need not be routinely maintained as
evidence. They shall be properly disposed of.

If the incident is non-routine, or if serious injury is alleged, then the probes and the expended
cartridge(s) shall be maintained as evidence appropriately secured and marked as bio-hazard.

21. AFIDs:
a. AFIDs shall only be collected and maintained as evidence if reasonably necessary, such as
where identification of who discharged the ECD is a foreseeable problem or issue.
b.

If officers determine that the AFIDs need to be collected and maintained as evidence, then
officers will attempt to locate the yellow, pink and clear colored "micro-dots" dispersed at the
time of the cartridge discharge. If collected, these AFIDs will be collected and placed into
evidence with any expended cartridge(s).

22. Detention Notification of ECD Application - Detention personnel shall be informed that the subject
was controlled by use of an ECD.
23. Transport concerns:
a. Avoid Face Down Transport - Officers should avoid transporting a subject, who has been
controlled by the use of a ECD (or any subject), face down.
b.

Avoid Transporting on Probes - If probes are still in the subject, avoid transporting the subject
in a position that would foreseeably further embed the probes in the subject.

24. Use of an ECD on Animals:
a. Using an ECD against animals may reduce the need for greater, more injurious force against
such animals. The use of an ECD on an animal should be based on the intent to provide a safer,
more humane and less traumatic conclusion to the incident.

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The full effect of an ECD on animals is not yet known. However, ECD field deployments have
shown positive results and the ECD has been an effective tool against animals. Animals have
also shown the ability to quickly recover from the effects of the ECD. As soon as the ECD
temporarily disables the animal, officers should be prepared to act quickly with control devices or
restraints, or to take other appropriate action(s).

An ECD may be deployed on an animal when:
1) The animal is threatening or is attacking a person, including officers, or other animal.
2)

The animal has threatened or attacked a person, including officers, another animal, or has
caused a continuing public nuisance and the animal needs to be controlled for reason of
public peace or safety, preservation of property, or other legitimate purpose; and the animal
poses an active threat to officers in their efforts to perform their duty.

Center mass of the animal should be targeted. Care should be taken to avoid the head and other
sensitive areas on the animal. It is understood that deployments against animals may be very
dynamic in nature and the probes may impact unintended areas.

Procedures for probe removal should take place as outlined herein. Personnel will take
reasonable measures to consider that the animal's welfare is provided for, in the event that
probes impact a sensitive area, or it appears the animal's health is in jeopardy. It is generally
understood that as long as personnel acted appropriately, the animal's owner will be responsible
for any medical attention needed for the animal.

25. ECD Use Report - In addition to other Department UOF and/or incident reporting requirements, all
written reports associated with the ECD related incident shall be completed before the end of the
ECD deploying officers’ shifts, or as reasonably possible thereafter. The ECD deployment
documentation shall include for example:
a. What precipitated the use of the ECD.
b.

To what extent the ECD was utilized.

What were the known results of the ECD’s utilization.

The name and rank of the responding and reviewing supervisor.

If medical personnel are involved with the subject, the report shall include the names and unit of
responding medical personnel.

26. Dataport Tracking, Maintenance, and Care - The Department shall designate the ECD records
custodian as the primary person responsible for maintaining and caring for the ECD. This person
shall:
a. Upon ECD discharge notification, download the discharge memory of the involved ECD.
b.

Log and track ECDs and cartridges.

Conduct inspections of ECDs.

Order and maintain adequate cartridges and supplies.

27. Accidental Cartridge Discharge - In the event of an accidental ECD cartridge discharge, the officers
shall promptly notify their next level of command. The superior officer shall investigate the incident
and prepare a written report documenting the incident. Alternatively, the supervisor shall have the

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officers prepare a written report and then the supervising officer shall make appropriate notifications
and/or take other appropriate actions.

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Disciplinary Self-Help Litigation Manual - Side