SECTION: 605 TASER POLICY

SECTION: 605

TITLE:     TASER POLICY

EFFECTIVE DATE:  February 15, 2017

 

 

1. POLICY:
2.  

It shall be the policy of the Evangeline Parish Sheriff's Office to provide a reasonable alternative method to control and otherwise subdue violent or potentially violent individuals. To supplement existing use of force options, the Sheriff's Office authorizes the use of an electronic control device, in appropriate circumstances, by trained deputies. The primary purpose of employing an electronic control device will be to save lives. The policy of this agency is to protect and serve all citizens while at the same time, respecting the rights of suspects and balancing the need for deputy safety in use of force events. It is the policy of this agency that officers may use reasonable force to affect an arrest or detention, to overcome any resistance or threatened resistance of the person being arrested or detained, and protect the safety of the officer and others.

 

1. DEFINITIONS:

         

1. Soft Tissue: Any head or neck area, front or rear, genitalia or the immediate area of any breast tissue of a female subject.

 

1. AFID: Small identification tags ejected from the air cartridge when the Taser is fired. The AFIDs have the individual cartridge serial number printed on them allowing identification of which cartridge is fired.

 

1. Deadly Force: Force which creates a substantial likelihood of death or serious bodily harm.

 

1. Non-Deadly Force: All uses of force other than those that create a substantially likelihood of serious bodily harm or death.

 

1. Imminent: Impending or about to occur.

 

1. Objectively Reasonable: Actions that are reasonable when viewed from the perspective of a reasonable deputy faces with the same circumstances.

 

1. Conducted Electrical Weapon: TASER, or stun guns that disrupt the central nervous system of the body.

 

1. Active resistance: A subject actively resists when they take affirmative action to defeat a deputy's ability to take them into custody.

 

 

III.      PROCEDURES:

 

1. Equipment, Training, Deployment and Inventory:

 

1. Conducted Electrical Weapon (Tasers) shall be issued to and authorized for use only by deputies who have completed the Evangeline Parish Sheriff's Office Certification Course or other approved certification courses.

 

• o All full time uniformed deputies in the Patrol and Civil Bureaus will be trained and issued a Taser.
• o Any deputy who is issued a Taser will wear the weapon on his person in the prescribed manner at all times while on duty,
  • The Taser will be worn on the deputy's off side an opposite of his firearm, secured in the carrying device at all times, while on duty regardless of assignment.
    • o NOTE: In no case will the Taser be worn on the same side of the body as the firearm.
  • Any deputy who is issued a Taser shall be required to test the device prior to duty. Only properly functioning and charged Tasers shall be carried on duty.
  • An exception to on-duty carry: Deputies performing administrative duties will be exempted from having the weapon on their person while performing such supervisory/management duties.
• o Standard issue for conducted electrical weapon will be one (1) Taser device, one (1) holster, two (2) cartridges and related accessories.
• o Deputies shall also be supplied with medical gloves, alcohol swabs, adhesive bandages, evidence envelopes and biohazard stickers.
  • Deputies utilizing the Taser are responsible for removing the probes from the subject and securing the probes and from the subject and securing the probes and cartridges as evidence.
  • Probes in soft tissue will be handled as stipulated in Section III of this General Order.
• o Only Tasers issued by the Evangeline Parish Sheriff's Office may be carried or used.

 

2. The Training Director or Certified Taser Instructor shall develop and implement a training curriculum for the use of the Taser.
   • Initial certification will include training on applicable Evangeline Parish Sheriff's Office policies, safety measures, and reality based critical decision making exercises as well as a mandated 5 second shock from a Taser.
   • Deputies not re-certify during annual classes conducted by the Training Academy to maintain proficiency.
   • Deputies not successfully completing re-certification will surrender their issued Tasers until satisfactory completion of the course.

 

 

3. The Patrol Executive Officer or designee shall be responsible for receiving, inspecting, issuing and coordinating the repair of the agency's electron control devices and accessories belonging to the Sheriff's Office.

 

• o The Patrol Executive Officer or designee will maintain an electronic database to account for each electronic control devices, cartridges and accessories belonging to the Sheriff's Office.
  • Issuance and inventory records will include the serial number for each weapon and the serial number for each cartridge along with the issue date, badge number or employee id #, and the name of the receiving deputy.
  • Each one of the request for replacement of expended cartridges will be accompanied by a copy of an offense report that documents the user of the spent cartridge.
  • A field in the database shall be provided to document offense report numbers associated with the use of expanded cartridges.
• o The final disposal means and date of each cartridge will be documented on the serial numbered record on the database maintained by the Patrol Executive Officer or designee.

• Expired cartridges will promptly be returned to the Patrol Executive or designee and replaced with new cartridges.
• Expired cartridges may be retained by the Patrol Executive Officer or designee for use during training exercises or disposed of in a safe manner.

 

1. Use and Handling:

 

1. The conducted electrical weapon (Taser) is viewed as a Control or Compliance Tool in the Use of Force Continuum. A conducted electrical weapon is the same level of force as chemical spray. If is authorized as an alternative to fitting use of force options at the appropriate level in situations where time and circumstances exist to allow for its use.
2. The conducted electrical weapon is not meant to replace deadly force. The weapon should not be used in situations when there is a substantial threat towards the deputy or others, unless there are other law enforcement officers present who are prepared to sue deadly force.
3. Proper consideration and care should be taken when using the Taser on offenders in elevated position, bodies of water or other circumstances where a fall may cause substantial injury or death.

 

 

 

 

 

 

 

 

 

 

4. The preferred targeting area is on the back just below the neck and extends all the way down the legs, however it is recognized that it is not always possible to get behind the subject. Where back targeting is not possible, frontal targeting should be lower center mass, intentional deployments to the chest shall be avoided where possible. Non-preferred target zones are NOT prohibited; rather they should be avoided when practical.
   • o The Taser should be aimed using the weapon's aiming systems.
   • o Prior to Taser discharge, other officers in the area should be notified through verbal or non-verbal means that the Taser's discharge is eminent.
   • o The Taser should not be intentionally aimed at the face, eyes, neck, or genital areas of anyone.
   • o Once the Taser is discharged and contact of the target is obtained, the weapon should be allowed to complete its initial five second discharge.

 

 

• Verbal commands shall be given to the suspect while attempting to gain compliance.
• Additional discharges may be used to gain compliance.
• Discharges shall cease when the subject no longer presents a threat.

 

5. A deployed Taser is not to be left unattended. The deploying deputy will retain control of the weapon, unless relieved trained certified deputy. This should not prevent a deputy from receiving medical care or aiding others.

 

6. Conducted Electrical Weapon deployment shall not be considered for the passively resistant subject. Active resistance or active aggression shall be required.

• o Flight from an officer, standing alone, is not a justification for the use of a Conducted Electrical Weapon.
• o In cases where subject is actively resisting a deputies attempt to take them into custody but not threatening the deputy with an assault - it is recommended that the Conducted Electrical Weapon be used.
• o The device shall be never be used on a handcuffed person to force compliance unless the subject is actively resistant and control cannot be otherwise accomplished.
• o Deputies are prohibited from using the device as a punitive measure.
• o Use of the Taser after a subject has clearly become exhausted is strongly discouraged.
• o Deputies shall minimize the successive number of discharges against an individual where possible. The agency recognizes, however, particularly, where back-up deputies are unavailable, that multiple applications may be necessary to gain or maintain control of a combative individual.

 

 

 

7. Examples of situations in which the Taser may be used include, but not limited to, the following:
   • Dealing with mentally ill subject who is perceived to be violent.
   • Armed subjects
   • Warrant service where the subject is perceived to be violent.
   • Violent persons under the influence of drugs and/or alcohol.
   • Persons expressing the intent and having the means to commit suicide.
   • When deemed a reasonable alternative to lesser force that will likely be ineffective.
   • When greater force options may be inappropriate given objective circumstances.

 

8. In non-lethal force situations deputies should avoid using the Taser on:

• o Persons in wheelchairs or in control of a vehicle.
• o Pregnant Women.
• o People with known heart problems
• o People with apparent debilitating illness or the elderly
• o Children or those under 80 pounds
• o Individuals with known neuromuscular disorders such as muscular sclerosis, muscular dystrophy or epilepsy.
• o Persons known to be wearing pacemakers or other biomedical devices sensitive to electrical current.

 

9. The Taser shall not be used when:

• o The operator cannot, for safety or other reasons, approach the subject within the effective range of the weapon.
• o In proximity to flammable liquids, gases, blasting material or any other highly combustible materials that may be ignited by use of the weapon, including but not limited to, any subject who may be contaminated with combustible liquids.
• o It is reasonable to believe that incapacitation of the subject may result in serious injury or death (e.g., situations where the suspect's fall may result in injury or death.
• o In conjunction, with another Electro-Muscular Disruption weapon or any other Electronic Restraining Device that may collectively cause excessive electrical power levels on the subject.

 

1. Care of the subject following a Conducted Electrical Weapon discharge event:
2. After securing the subject in handcuffs and other appropriate restraints, the Taser deputy shall remove the probes using the prescribe methods.

 

• o If the probes penetrate the soft area tissue, they are then to be removed by medical personnel. (SEE II. C. of this General Order for the definition of soft tissue.)
• o An envelope containing the suggested removal process of the probes shall be kept on file at the nearest hospital Emergency Room, as a reference for medical personnel.
• o If treatment, including removal of probes, is administrated at a medical facility, deputies should follow procedures for evidence retention.

 

2. Removal of the Probes: (The cartridge shall be removed from the Taser prior to removal of the probes).

• The deputy shall don medical latex gloves.
• The deputy shall place one finger on either side of the probe and with the fingers of the other hand, stretch the skin taut.
• Using a brisk pull, the deputy shall pull the probe out of the subject.
• The puncture site shall be wiped with a sterile alcohol swab and an adhesive bandage applied over the puncture.
• Alcohol swabs, gloves and bandage packaging shall be disposed of in a biohazard bag or receptacle. If appropriate, the biohazard receptacle on the ambulance can be used. If not the debris shall be packaged in a biohazard waste bag, and taken to the nearest hospital's Emergency Room.
• Deployed probes that have been removed from a suspect should be respects as a bio-hazard and maintained as evidence as set forth in Sub-section III E below.

 

 

3. Tased subjects should be constantly watched by the arresting deputy and placed on their backs in a lying or reclined position and not on their stomach. This will help reduce the possibility of in custody deaths due to positional asphyxia.

 

 

4. Acadian Ambulance shall be summoned to the scene for evaluation and treatment of any subject who has been Tasered.

 

5. Tasered subjects who are under arrest and being transported by ambulance must be accompanied by a law enforcement officer either in the ambulance or in a patrol vehicle directly behind the ambulance.

 

6. In no case shall the Tasered subject be transported to jail or other detention facilities before he/she has been examined and released by EMT's or emergency room personnel.

 

 

 

1. Reporting and Documentation:
   • Discharges, including accidental discharges, of a Conducted Electrical Weapon shall be investigated and documented. A Use of Force Report shall be completed following each use of the Taser.
   • Deputies using the Taser shall:
     • Ensure appropriate investigative units respond
     • Complete a Use of Force Report
     • File a supplemental report documenting the use of the Taser attached to the Use of Force Report
     • Ensure that EMS personnel examine the subject upon whom they conducted electrical weapon was discharged.
     • Ensure photographs are taken of the probe penetration sites and any secondary injuries caused by falling to the ground, etc...

 

 

3. A review board will ascertain if correct policies and procedures were followed on an as needed basis. The review board will consists of:

 

• Patrol Executive Officer
• Taser Instructor
• Any personnel appointed by the Sheriff to serve in an advisory capacity.

 

4. All conducted electrical weapon units will be audited bi-annually to ensure that all deployment /activations have been reported as required.

 

1. Evidence Handling following Discharge:

 

• All evidence collected shall be submitted to Evidence Clerk.
• The air cartridge, probes and AFIDs shall be retained and submitted as evidence.

 

• The deputy should wear protective latex gloves when handling the cartridges due to the potential biohazard.
• The wires shall be kept intact as much as possible and the probes inserted into the portals they were deployed from. This will prevent the sharp edges from penetrating the evidence envelope. Tape should be placed over the portals to secure the probes in the cartridge.
• All AFIDs identification tags ejected from the air cartridge shall be picked up and placed in the evidence bag.
• The evidence shall be placed in an evidence envelope and appropriately packaged. A Biohazard sticker shall be placed on the outside of the envelope unless the evidence envelope is already clearly marked "Biohazard".

 

• A print out of internal data from the device shall be maintained with the evidence of the deployment.

__________________

 

CHARLES R. GUILLORY, SHERIFF

 

 

 

 

 

 

 

 

In regards to: All Rules, Regulations, Policy & Procedures and Special Orders are at the discretion of the Sheriff based on departmental need and the severity of the infraction.