4.18 ELECTRONIC CONTROL WEAPONS
4.18.1 PURPOSE
A. The purpose of this procedure is to provide officers with guidance and direction on the use of electronic control weapons (ECWs).
4.18.2 POLICY
A. It is the policy of the Gresham Police Department to use only that level of force that reasonably appears necessary to control or otherwise subdue violent or potentially violent individuals. Authorized and trained personnel in accordance with this procedure and additional use-of-force guidelines established may use ECWs.
4.18.3 DEFINITIONS
A. Electronic Control Weapon (ECW): A weapon designed to disrupt a subject’s central nervous system by deploying battery-powered electrical energy sufficient to cause uncontrolled muscle contractions and override voluntary motor responses.
B. Drive stun: The procedure of using the ECW with a live cartridge, spent probe cartridge, or no probe cartridge to make physical contact with a subject and deliver energy.
C. Probe cartridge: A device that contains two probes, connected to light gauge wire that is propelled and attaches to the subject upon activation of the ECW.
4.18.4 PROCEDURES
A. Authorized Users - Only officers who have satisfactorily completed the Gresham Police Department’s approved training course shall be authorized to carry ECWs.
1. The device will be carried in an approved holster on the side of the body opposite the service handgun. Officers not assigned to uniformed patrol may utilize other department-approved holsters and carry the weapon consistent with department training.
2. The device shall be carried fully armed with the safety on in preparation for immediate use when authorized.
3. Officers authorized to use the device shall carry at least two cartridges in case of cartridge failure, the need for redeployment, or in case the first cartridge’s leads break during engagement.
4. Only agency-approved battery power sources shall be used in the ECW.
C. ECW Training and Certification
1. ECW Authorization – Only trained and authorized officers may carry and/or use an ECW. Officers must be certified by a Department ECW instructor after attending the 8-hour basic ECW training class.
2. ECW Re-certification – Authorized officers will re-certify annually by attending a recertification course administered by the Department Defensive Tactics Unit. Officers must demonstrate basic knowledge and proficiency as required by the Defensive Tactics Unit.
3. Certified Instructors – All Department ECW certification programs will be presented by a Taser International, Inc. certified (or equivalent) ECW instructor.
4. Confrontation Simulation - training will be presented by an officer authorized by the Defensive Tactics Unit .
5. Training Records – The Department Training Unit shall maintain ECW training and certification records.
D. Authorized Use of ECW
1. The ECW may be used in the following circumstances pursuant to use-of- force procedures:
a. A person engages in or displays the intent to engage in physical resistance to a lawful police action. Actions that prevent or attempt to prevent an officer’s attempt to physically control a subject, but do not involve attempts to assault the officer constitute physical resistance.
b. A person engages in or displays the intent to engage in ominous physical resistance to a lawful police action. The willingness to engage in assault through verbal challenge, threats and/or aggressive actions, or refusing to drop a weapon constitute ominous physical resistance.
E. Prohibited Use of ECW
1. The ECW shall not be used on the following persons or circumstances unless one of the stated exceptions is met:
a. Children known to be, or obviously, under the age of 12;
b. Persons known to be, or are obviously, older than the age of 60;
c. A woman known to be, or is obviously, pregnant;
d. A person known to be, or is obviously, medically fragile.
2. Exceptions that would permit the use of the ECW on the above persons or circumstances are as follows:
a. The person is armed with a deadly or dangerous weapon;
b. The person is engaging in suicidal behavior;
c. The person cannot be safely controlled with other force options.
3. Additional ECW prohibitions include:
a. Shall not be used on handcuffed persons unless the subject is actively engaging in physical resistance;
b. Shall not be aimed at the head or face;
c. Shall not be used on any suspect who does not demonstrate an overt intention 1) to use violence or force against the officer or another person, or 2) to flee in order to resist or avoid detention or arrest (in cases where officers would pursue on foot);
d. Shall not be used in a punitive or coercive manner;
e. Shall not be used for horseplay or practical jokes;
f. Shall not be used on subjects engaging in passive resistance;
g. Shall not be used to harass or unduly influence a person under any circumstance;
h. Shall not be used on persons exposed to or within areas where flammables/explosives are present (including a current heavy use of alcohol based oleoresin capsicum).
F. Cautionary use of the ECW
1. As in all uses of force, certain individuals maybe more susceptible to injury. Officers should be aware of the greater potential for injury when using an ECW against the following:
a. Persons operating a motor vehicle or machinery;
b. Persons running or fleeing;
c. Intentional application to sensitive areas (e.g., face, head, female breast, groin);
d. Persons in an elevated position;
e. Persons near a swimming pool or other body of water.
G. ECW Deployment
1. In preparation for firing, the ECW shall be pointed in a safe direction or on target, taken off safety and then aimed. Center mass of the subject’s back should be the primary target where reasonably possible; lower center mass of the chest or the legs is the secondary targets.
2. Fixed sights should be used as the primary aiming device and the laser dot as the secondary aiming device.
3. Upon firing the device, the officer shall energize the subject for only the duration and number of cycles reasonably necessary to accomplish the legitimate operational objective. Each deployment of the ECW is a separate use of force, requiring articulated facts to justify each use.
4. The subject should be secured as soon as safe and practical while disabled by ECW power to minimize the number of deployment cycles. In determining the need for additional energy cycles, officers should be aware that an energized subject might not be able to respond to commands during or immediately following exposure.
5. The device may also be used in certain circumstances in a drive stun mode, as follows:
a. Removing the cartridge and then pressing the unit against an appropriate area of the body based on training or,
b. With a spent cartridge, pressing the unit against an appropriate area of the body based on training, or,
c. Using a live cartridge. While using a drive stun in this fashion the unit may be moved to a separate area of the body to complete or enhance the Nero-Muscular Incapacitation.
It is important to note that when the device is used to drive stun without a cartridge or with a spent cartridge, it is:
a. Primarily a pain compliance tool due to a lack of probe spread;
b. Minimally effective compared to conventional cartridge-type deployments;
c. Likely to leave marks on the subject’s skin;
d. Subject to the same deployment guidelines and restrictions as those of the ECW in cartridge deployments, but on a lower level in the force.
H. Conditions and Behaviors Requiring Medical Treatment after Deployment
1. EMS will be summoned when the ECW is deployed on the following listed individuals. EMS will also transport these individuals to a hospital following the deployment of ECW:
a. Children known to be, or are obviously, under the age of 12;
b. Person known to be, or are obviously, older than 60 years of age;
c. A woman known to be, or is obviously, pregnant;
d. A person known to be, or is obviously medically fragile (i.e. any individual with a chronic medical illness). Examples include diabetes, seizure disorder, emphysema, asthma, heart disease (previous heart attack, chest pain, angina), history of pacemaker or defibrillator, kidney failure, cancer, or transplant.
e. A person suffering from hyper stimulation (before, during, or after deployment). This includes behaviors such as rapid speech, agitation, apprehension, excitation, restlessness, verbalization of impending doom, emotional instability, etc.; and physical symptoms such as dilated pupils, headache, teeth grinding, clenched teeth, nausea, vomiting, vertigo, tremor (i.e. twitching of small muscles, especially facial and finger), tics, non purposeful movements, pseudo hallucinations (e.g. cocaine bugs), seizures or coma, pale skin, racing pulse or increased breathing, and skin temperature (hot or very warm to the touch).
I. Other Medical Treatment after Deployment
(i) If the probes are embedded in the skin, EMS will be summoned to remove the probes and provide medical treatment if necessary. The probes should be treated as biohazards at all times.
J. Conditions Requiring Transport to a Medical Facility after Deployment
1. The following persons shall be transported to a medical facility for examination following exposure to an ECW. Any person who:
a. is hit in a sensitive area (e.g. face, head, female breasts, groin);
b. from whom EMS have difficulty removing the probes;
c. does not appear to recover properly after deployment of the ECW.
d. is in a potentially susceptible population category as defined in 4.18.4 E. 1. Prohibited Use of ECW;
e. has been subjected to a continuous energy cycle of 15 seconds or more, or
f. has exhibited signs of extreme uncontrolled agitation or hyperactivity before ECW exposure.
2. Persons who have been energized more than 3 times in a probe or contact application may be evaluated by EMS outside of a medical facility unless they also meet those requirements as described in J. 1
K. Reporting
1. The deploying officer shall notify his or her supervisor as soon as practical after using the device, and complete the appropriate use-of-force report. Officers shall complete a use of force report for any use of the ECW to effect an arrest or control a subject, to include the use of laser, display arc and the actual energizing of a person.
2. Officers shall specifically articulate the rationale in their use-of-force report for any instance in which: an ECW is energized more than three times, an energy cycle longer than 15 seconds in duration is used, more than one ECW is used against a subject in any given incident, or an ECW is used against an individual designated to be in a “susceptible population” per 4.18.4 .E.1. of this procedure.
4.18.5 NEGLIGENT DISCHARGE
A. An on-duty sergeant will respond and assume investigative responsibility for all negligent or unintentional discharges and route a memorandum to their Watch Commander and Training Lieutenant. The exception to this is as follows:
1. Department training – The Lead Instructor or designated instructor will assume investigative responsibility and route their findings through the chain of command to the Training Lieutenant.
B. Officers will be required to attend remedial training and demonstrate proficiency with the ECW to a certified instructor before they may carry the ECW after a negligent discharge.
Craig Junginger
Chief of Police
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