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101.3 Electronic Control Weapons (Issued 12-14-2020)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER December 14, 2020 101.3 SUBJECT: REVISION DATE SECTION: Electronic Control Weapons December 16, 2020 Red I. PURPOSE The purpose of this General Order is to establish rules and procedures governing Fridley Police Department officers’ training, carrying, and use of Electronic Control Weapons (“ECW”). II. POLICY The policy of the Fridley Police Department (“department”) is to use only that amount of force reasonably necessary to effect an arrest, control a situation, or defend themselves or others from harm. The department recognizes that combative, non-compliant, armed, and/or violent subjects cause handling and control problems that require specialized training and equipment. Thus, the department has adopted a non-deadly force philosophy to assist with the de-escalation of potentially violent confrontations. Consistent with this philosophy, the department is authorizing the use of department owned, maintained, and issued electronic control weapons to trained sworn personnel. Any police officer who makes an unlawful, excessive, or unauthorized use of an electronic control weapon will be subject to disciplinary actions and may be subject to civil and criminal liability. III. DEFINITIONS Actively Resisting When a subject makes physically evasive movements to interfere with an officer’s attempt to control that subject; including bracing, tensing, pulling away, actual or attempted flight, or pushing. AFID Cartridge Tracking TASER International’s Anti-Felon Identification (AFID) system enforces accountability for each use of a TASER weapon via the dispersal of tiny unique, coded tags every time the ECW is fired. These small, confetti-like, micro-dot identification tags expelled from the cartridge contain the serial number of the cartridge fired allowing the department to identify the unit that deployed the AFID. Authorized Device A device an officer has received permission from the agency to carry and use in the discharge of that officer’s duties, and for which the officer has: a. Obtained training in the technical, mechanical, and physical aspects of the device; and b. Developed a knowledge and understanding of the law, rules, and regulations regarding the use of such a device. Data Port A mechanism that stores the downloadable time and date of any discharge of the ECW. De-Escalation Taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. De-escalation may include the use of such techniques as command presence, advisements, warnings, verbal persuasion, and tactical repositioning Deadly Force Force used by an officer that the officer knows, or reasonably should know, creates a substantial risk of causing death or great bodily harm. The intentional discharge of a firearm in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force. Deployment Includes removal of the ECW from the holster, as well as any use of an ECW against any person, including the illumination of the laser sight onto an individual. Drive Stun When the ECW is applied directly to the body for a pain compliance technique. Electronic Control Weapon (“ECW”) An incapacitating, intermediate weapon used for subduing a person that administers an electric shock for the purpose of disrupting superficial muscle functions. The ECW is an intermediate weapon that is classified as non-deadly. The weapon should only be used when an officer is met with a certain degree of resistance or aggression through either actions or words. Senior Electronic Control Weapon Instructor (SECWCI) A Taser instructor charged with the responsibility for overseeing the training, deployment, and maintenance of departmental ECWs. Force Any physical strike or instrumental contact with a person; any intentional attempted physical strike or instrumental contact that does not take effect; or any significant physical contact that restricts the movement of a person. The term includes the discharge of a firearm or pointing a firearm at or in the direction of a human being, use of chemical spray, use of impact weapons, use of ECW, chokeholds or hard hands, taking of a subject to the ground, or the deployment of a canine. The term does not include escorting or handcuffing a person with minimal or no resistance. Use of force is lawful if it is objectively reasonable under the circumstances to affect an arrest or protect the officer or other person. Non-Deadly Force used by an officer that does not have the purpose of causing, nor create a substantial risk of causing, death or great bodily harm. Minnesota Board of Peace Officers Standards and Training (POST) The state board that regulates peace officer licensing, standards, and training. Passively Resisting When a subject does not cooperate with an officer’s commands but does not take action to prevent being taken into custody. Spark Test A test conducted to ensure the ECW is functioning properly, and that all batteries and electronic components are performing adequately. Standard Cycle A standard cycle is five seconds. IV. USE OF FORCE STANDARDS The following are applicable use of force standards directly related to the deployment of the ECW: A. The use of an ECW involves the application of force. B. Each application of an ECW involves an additional use of force. C. Multiple applications of an ECW cannot be justified solely on the grounds that a subject fails to comply with a command, absent other indications that the subject is about to flee or poses an immediate threat to an officer. D. Any decision to apply multiple applications of an ECW must take into consideration whether a subject is capable of complying with the officers’ commands. E. Officers should not intentionally activate more than one ECW at a time against a subject. F. The ECW is not intended to replace the use of firearms when deadly physical force is necessary, but rather to provide a non-deadly alternative within the guidelines of the department’s Use of Force Policy V. PROCEDURES FOR USE OF ELECTRONIC CONTROL WEAPON A. Officer Responsibilities: Sworn officers, reserve officers, and Community Service Officers in an official capacity may carry an ECW in accordance with the manufacturer’s recommendations and department training. Carrying an ECW is optional; however, any officer who elects to carry such a tool may do so only after receiving training on its use. Officers will be issued the Taser® X26 or Taser® X26P and at least one cartridge. Officers issued an ECW shall: 1. Carry the ECW in a department-approved holster with the cartridge attached. 2. Point the ECW in a safe direction when loading, unloading, or testing the weapon. 3. Visually and physically inspect the ECW and cartridges at the beginning of their shift. 4. Secure and store the ECW, both on and off duty, in such a way as to ensure that no unauthorized person will have access to, or gain control over, the ECW. 5. Report any discharge of an ECW, other than a spark test, to a supervisor. B. Permitted Use: Any use of an ECW must comply with the department’s Use of Force Policy (General Order 101). Officers are permitted to use an ECW in accordance with training in the following instances: 1. Only against subjects who are actively resisting in a manner that, in the officer’s judgment, is likely to result in injuries to themselves or others. 2. To incapacitate a subject who poses a threat of physical injury to himself/herself. 3. When an officer is engaged in a physical confrontation with a combative individual and attempts to control the subject by lower levels of force or tactics are ineffective. 4. Against aggressive animals that pose a threat of physical injury to officers or others. 5. To display an ECW “test arc” or “painting the subject with the ECW laser” to attempt to gain compliance of the subject where resistance, assault, and/or violence is reasonably anticipated. 6. During department authorized training programs and/or demonstrations. C. Prohibited Use: The ECW shall not be used: 1. Against a subject who is passively resisting the lawful commands of the officer. 2. Against a female who the officer knows, or reasonably believes, is visibly pregnant, unless deadly force is the only other option. 3. Against a person who the officer knows, or reasonably believes, to be under the age of ten (10) or over the age of seventy (70), due to the potential for falling when incapacitated, unless the encounter rises to a deadly force situation 4. Against a person who is at an elevated location where a fall may cause substantial injury or death. 5. In an area where it is likely that the subject may drown. 6. Against handcuffed persons unless they are actively resisting or exhibiting aggression, and/or to prevent individuals from harming themselves or others. 7. Against an operator in physical control of a vehicle in motion, including automobiles, trucks, motorcycles, ATVs, bicycles, and scooters, unless exigent circumstances exist 8. Against a subject who is in close proximity to combustible materials (e.g. a meth lab, where gasoline is stored, alcohol-based OC Spray, etc.). 9. To rouse unconscious, impaired, or intoxicated individuals. 10. For horse play or clowning around, or in an unprofessional manner. 11. To experiment on a person or allow a person to experience the ECW, even if the person requests it, when the ECW’s use would not otherwise be allowed under this policy. This ECW experience does not apply to voluntary ECW training exposures or ECW demonstrations as authorized by the department. 12. For illegal purposes (e.g. illegal coercion, torture, etc.). 13. As an interrogation device either through application or threat thereof. D. Deployment When deploying an ECW, officers will make every effort to comply with the following directives, when reasonable: 1. A command for compliance and a warning should be given prior to activating the ECW. The subject should be given time to comply with an officer’s verbal command unless to do so would place the officer or any other person at risk. This directive serves a dual purpose: to seek compliance from the subject, and to let other officers who are present know that the ECW is being deployed, so that the activation of the ECW will not be mistaken, by sight or sound, as a firearm discharge. 2. When feasible, alert other law enforcement officers present that you are about to deploy an ECW by saying “Taser, Taser”. This statement will prepare the officers for the ECW deployment and help prevent sympathetic weapon discharges. 3. When aiming the ECW at a subject, officers should adhere to the manufacturers preferred target zones whenever reasonably possible. Officers should take into consideration the capabilities and limitations of the ECW whenever employing it at close quarters. An ECW should be aimed by use of the aiming laser(s) when possible. Fixed sights shall be used when the laser sight(s) are ineffective or as a secondary aiming tool. 4. Upon discharging the device, the officer shall energize the subject the least number of times and no longer than necessary to accomplish the legitimate operational objective. 5. In an attempt to minimize the number of ECW discharges necessary for subject compliance, officers should, while deploying the ECW, clearly and reasonably order the subject as the incident mandates. Such verbal commands may include, “stop resisting, lie flat, put hands behind your back,” etc. 6. The device may also be deployed in certain circumstances in a “drive stun” mode. Deployment of the ECW in drive stun mode, from a policy perspective, is no different than a cartridge deployment. It is important to note that when the device is deployed in this manner, it is primarily a pain compliance tool: is minimally effective compared to a conventional cartridge deployment; and is more likely to leave marks on the subject’s skin. 7. Whenever possible the ECW shall be deployed using a back-up officer to assist with handcuffing or providing cover. 8. The subject should be secured as soon as practical while disabled by the ECW to minimize the number of deployment cycles. In determining the need for additional energy cycles, officers should be aware that an energized subject may not be able to respond to commands during or immediately following exposure. Personnel should deploy the ECW for one standard cycle and then evaluate the situation to determine if subsequent cycles are necessary. Each application of the ECW should be independently justifiable. Officers should only deploy the ECW to the extent necessary to gain control of the subject. 9. The subject shall be handcuffed as soon as safe, which may be prior to, during or after deployment. E. Post ECW Deployment Medical Attention 1. Any subject against whom an ECW is deployed shall be evaluated by qualified medical personnel. Qualified medical personnel include medical professionals including medical doctors, licensed nurses, or EMS first responders. Officers are reminded of the importance of respecting human dignity and privacy, taking steps to avoid embarrassment, and preserving confidentiality regarding the subject’s medical treatment. 2. Officers authorized to carry the ECW may remove prongs that have embedded in a subject’s skin, clothing or any other objects. Consideration should be given prior to prong removal from a sensitive area (e.g., face, head, female breasts, male groin). 3. Subjects that are showing complications from the exposure or complain of injuries and/or probes are unable to be removed on scene should be transported to the hospital for examination. F. Evidence Collection 1. Once the subject has been controlled, and the need for medical care has been evaluated, officers will collect all evidence resulting from ECW discharge. Whenever feasible, the following items will be secured as evidence: a. ECW Probes, b. Cartridges, c. Wire Leads, and d. AFIDS (Anti-Felon Identification) 2. When lawful and appropriate, photographs should be taken of the probe impact sites and any other related injuries as soon as reasonably possible. 3. In some instances, however, photographs should not be taken. Such as, in certain juvenile cases, or when probes impacted the suspect’s genitals, female breasts, etc. 4. The ECW cartridges and probes used shall be processed and logged in as evidence. Officers shall wear latex gloves when handling the probes and handle them in accordance with biohazard materials. 5. Deployed ECW wires shall be wrapped around the expended cartridge. The probes shall be placed “barbs” first into the portals from which they were fired to prevent sharp ends from penetrating the evidence envelope. Tape should be placed over the portals to secure the probes in the cartridge. 3. A minimum of two (2) AFIDs will be placed inside the evidence envelope along with the expended duty cartridge. The identification number from the AFIDs shall be logged on the Use of Force Report. 4. Officers will note the serial number of any ECW used when the probes are fired at a subject and contact is made, or if the ECW is used in a drive stun mode. G. Use of Force Reporting 1. The use of an ECW must be reported in strict compliance with the department’s Reporting and Reviewing Force policy (General Order 101.1). 2. After discharging an ECW, the officer must notify a supervisor as soon as it is practical to do so. 3. After deployment of an ECW, the officer who discharges the ECW shall comply with all reporting and investigation requirements outlined in the department’s Reporting and Reviewing Force policy (101.1), and shall include: a) The facts and circumstances which dictated the officer’s use of force, b) Commands given to the subject, c) Manner in which the subject refused to comply, d) Witnesses to the discharge of the ECW, e) Number of discharges, and length of each, f) Location of probes on the subject’s body, g) Extent, if any, of the subject’s injuries, h) Description of first aid provided, and i) The name of the supervisor notified, and time of such notification. 3. In addition, the officer who discharges the Electronic Control Weapon shall complete and submit an incident report/supplemental report and a Use of Force Report. H. Supervisory Responsibilities As outlined in the Reporting and Reviewing Force policy, General Order 101.1, a supervisor must conduct a review when an ECW has been used on a subject. I. Senior Electronic Control Weapon Instructor 1. The Defense Tactics Coordinator will designate and appoint a Taser Instructor to serve as the Senior ECW Instructor (“SECWI”). 2. The SECWI is responsible for maintaining the equipment and records associated with the deployment of the department’s ECW. 3. The SECWI will: a. Be responsible for review, inspection, approval and issuing of ECWs and cartridges, and ensure they are recorded in the ECW/cartridge log prior to employee usage. The SECWI will record the serial number of each issued ECW, and to whom it is issued. b. Ensure cartridges are replaced before their expiration date c. Conduct data port downloads when requested by investigating supervisors or Command Staff. d. Maintain overall responsibility for coordination of the purchase, repair, replacement of ECW’s and cartridges, and the removal of any unsafe ECW’s. J. Data Download 1. When an ECW incident occurs, officers shall present the ECW to a SECWI, a Taser Instructor or their designee for data download. The data shall be maintained and saved with the associated case number. 2. Bi Annually, (approx. January 1 & June 1st), the SECWI or, if assigned to do so by the ECW, department TASER Instructors or designee are responsible for downloading the data stored on department personnel’s Taser for the previous six month period. a. The downloaded information will be stored and maintained by the SECWI. K. Training and Certification 1. Initial Training: Officers are required to successfully complete training on the functionality and use of the ECW and relevant department policies on its use prior to issuance of the ECW. Demonstrated proficiency with all department issued ECW shall meet or exceed POST requirements. 2. ECW Training: All members of the department who carry and/or use an ECW must first successfully complete a department approved and mandated ECW familiarization program, including a written test as well as the department’s Use of Force policies. No officer may carry an ECW without first successfully completing the training. All ECW training, including remedial training will be documented. 3. Ongoing Training: A mandatory annual re-certification program must be successfully completed in accordance with manufacturer’s requirements. Officers who fail to attend training and allow their certification to elapse will not be authorized to carry the ECW. Remedial training may be authorized for officers who fail to demonstrate ECW proficiency. 4. Certified Instructors: All department ECW training programs will be presented by a Taser International, Inc. certified (or equivalent) ECW instructor. The ECW instructor must be certified in the ECWs the department issues. 5. Training Records: The department shall maintain ECW training and certification records. L. Maintaining the ECW 1. Officer’s responsibilities: a. Carry the ECW in the supplied holster, or in an otherwise approved holster purchased by the officer. b. Ensure the power module of the ECW has sufficient power to discharge the device. 1) Replace cartridges before their expiration date. 2) Extra cartridges should not be carried in pockets due to the risk that static electricity could cause an unintentional discharge of the cartridge.