Policy Gonzales Police Department
310 Gonzales PD Policy Manual
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310.1 PURPOSE AND SCOPE
This policy provides guidelines for the issuance and use of TASERs. 310.2 POLICY
The TASER™ is intended to control a violent or potentially violent individual, while minimizing the risk of serious injury. The appropriate use of such a device should result in fewer serious injuries to officers and suspects.
310.3 ISSUANCE AND CARRYING TASERS
Only members who have successfully completed department-approved training may be issued and carry the TASER.
TASERs are issued for use during a member's current assignment. Those leaving a particular assignment may be required to return the device to the department's inventory.
Officers shall only use the TASER and cartridges that have been issued by the Department.
Uniformed officers who have been issued the TASER shall wear the device in an approved holster on their person. Non-uniformed officers may secure the TASER in the driver's compartment of their vehicle.
Members carrying the TASER should perform a spark test on the unit prior to every shift.
When carried while in uniform officers shall carry the TASER in a weak-side holster on the side opposite the duty weapon.
(a) All TASERs shall be clearly and distinctly marked to differentiate them from the duty weapon and any other device.
(b) Whenever practicable, officers should carry two or more cartridges on their person when carrying the TASER.
(c) Officers shall be responsible for ensuring that their issued TASER is properly maintained and in good working order.
(d) Officers should not hold both a firearm and the TASER at the same time. 310.4 VERBAL AND VISUAL WARNINGS
A verbal warning of the intended use of the TASER should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances.
The purpose of the warning is to:
(a) Provide the individual with a reasonable opportunity to voluntarily comply. (b) Provide other officers and individuals with a warning that the TASER may be deployed.
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If, after a verbal warning, an individual is unwilling to voluntarily comply with an officer's lawful orders and it appears both reasonable and feasible under the circumstances, the officer may, but is not required to, display the electrical arc (provided that a cartridge has not been loaded into the device), or the laser in a further attempt to gain compliance prior to the application of the TASER. The aiming laser should never be intentionally directed into the eyes of another as it may permanently impair his/her vision.
The fact that a verbal or other warning was given or the reasons it was not given shall be documented by the officer deploying the TASER in the related report. 310.4.1 FACTORS TO DETERMINE REASONABLENESS OF FORCE
The application of the TASER is likely to cause intense, but momentary, pain. As such, officers should carefully consider and balance the totality of circumstances available prior to using the TASER including, but not limited to, the following factors:
(a) The conduct of the individual being confronted (as reasonably perceived by the officer at the time):
(b) Officer/subject factors (i.e., age, size, relative strength, skill level, injury/exhaustion, number of officers vs. subjects).
Influence of drugs/alcohol (mental capacity).
(d) Proximity of weapons.
(e) The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained.
(f) Time and circumstances permitting, the availability of other options (what resources are reasonably available to the officer under the circumstances). (g) Seriousness of the suspected offense or the reason for contact with the individual.
Training and experience of the officer.
(i) Potential for injury to citizens, officers and suspects. () Risk of escape.
(k) Other exigent circumstances.
310.4.2 APPLICATION OF THE TASER
Authorized personnel may use the TASER when circumstances known to the officer at the time indicate that such application is reasonable to control a person in any of the following circumstances:
(a) The subject is violent or physically resisting.
(b) A subject who by words or action has demonstrated an intention to be violent or to physically resist and who reasonably appears to present the potential to harm officers, him/herself or others.
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1. When practicable, the officer should give a verbal warning of the intended use of the TASER followed by a reasonable opportunity to voluntarily comply.
2. The officer must be able to articulate a reasonable belief that other available options appeared ineffective, impractical or would have presented a greater danger to the officer, the subject or others.
(c) Absent meeting the conditions set forth in (a) or (b) above, or a reasonable belief that an individual has committed or threatened to commit a serious offense, mere flight from a pursuing officer shall not serve as good cause for the use of the TASER to apprehend an individual.
310.4.3 SPECIAL DEPLOYMENT CONSIDERATIONS
The use of the TASER should generally be avoided in the following situations unless the totality of the circumstances indicate that other available options reasonably appear ineffective, impractical, or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of using the TASER:
(a) Pregnant females.
(b) Elderly individuals or obvious juveniles.
(C) Individuals who are handcuffed or otherwise restrained. (d) Individuals who have been recently sprayed with a flammable chemical agent or who are otherwise in close proximity to any flammable material. (e) Individuals whose position or activity may result in collateral injury (e.g., falls from height, operating vehicles).
Because the application of the TASER in the drive-stun mode (i.e., direct contact without darts) relies primarily on pain compliance and requires close proximity to the subject, additional caution should be exercised. The application in drive-stun mode should be limited to brief applications in which pain compliance would reasonably appear necessary to achieve control.
The TASER shall not be used to torture, psychologically torment, elicit statements or to punish any individual.
310.4.4 TARGETING CONSIDERATIONS
While manufacturers generally recommend that reasonable efforts should be made to target lower center mass and to avoid intentionally targeting the head, neck, chest and groin, it is recognized that the dynamics of each situation and officer safety may not permit the officer to limit the application of the TASER darts to a precise target area. As such, officers should take prompt and ongoing care to monitor the condition of the subject if one or more darts strikes the head, neck, chest or groin until he/she is released to the care of paramedics or other medical personnel.
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310.4.5 MULTIPLE APPLICATIONS OF THE TASER
If the first application of the TASER appears to be ineffective in gaining control of an individual and if circumstances allow, the officer should consider the following before additional applications of the TASER:
(a) Whether the probes or darts are making proper contact. (b) Whether the application of the TASER is interfering with the ability of the individual to comply.
(c) Whether verbal commands, other options or tactics may be more effective.
This, however, shall not preclude any officer from deploying multiple, reasonable applications of the TASER on an individual.
310.4.6 REPORT OF USE
All TASER discharges shall be documented in the related arrest/crime report, the TASER report form and notification made to a supervisor in compliance with Policy § 300.4.1. 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 cartridge serial number and an explanation of the circumstances surrounding the discharge.
The onboard TASER memory will be downloaded through the data port by a supervisor or Rangemaster and saved with the related arrest/crime report. Photographs of probe sites should be taken, Anti-Felon Identification (AFID) tags should be collected and the expended cartridge along with both probes and wire should be submitted by the officer collecting the cartridge into evidence for future reference. The cartridge serial number should be noted and documented on the evidence paperwork. The evidence packaging should be marked "Biohazard" if the probes penetrated the subject's skin.
310.4.7 TASER CAM®
The TASER is equipped with the 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 to use the device and the guidelines established in §S 309.3 and 309.4 are met. Any time the TASER CAM is activated, the video and audio data should be downloaded in accordance with department evidence procedures and referenced in the related case report. All video and audio not booked as evidence will be kept for a minimum of one year, at which time they will be erased or destroyed. 310.5 USE OF THE TASER
The TASER has limitations and restrictions requiring consideration before its use. The TASER should only be used when its operator can safely approach the subject within the operational range of the device. Although the TASER is generally effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options.
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310.5.1 OFFICER'S RESPONSIBILITIES
(a) Whenever practical, prior to firing the TASER, the officer shall:
Warn the suspect that he/she will be shot with an electric stun device if they do not comply with the officer's directives
Loudly announce the TASER is going to be discharged so that other officers in the area are prepared for the deployment
3. Notify dispatch via radio that a TASER is going to be discharged (b) After the use or attempted use of the TASER, and the suspect has been taken into custody, the officer shall:
Immediately report the incident to a supervisor
Ensure that the suspect's injuries (if any) are appropriately treated. Officers shall have paramedics give an initial medical evaluation either in the field or at the station. As soon as practical thereafter, officers shall obtain a medical clearance.
Only medical personnel may remove probes that are embedded in a suspect's skin
Ensure any discharged cartridges, probes, and a sampling of AFID (Anti-Felon Identification) "microdots" that are discharged with the probes are collected and booked into evidence
Ensure photographs are taken of probe impact sites and any other injuries
5. Ensure that the following information is included in the Incident/Crime and Arrest reports):
(a) Identities of all involved Department personnel
(b) Identities of all known witnesses and other involved parties (c) Necessity and justification for use
(d) Serial number of the TASER and cartridge(s) used
(e) How applied
(f) Injuries sustained, if any
(g) Medical treatment provided
(h) A reference to all photographs and what they depict (i) Description and disposition of evidence; and
The Use of Force Box is marked with an "X"
Complete the officer portion of the Use of Force Report NOTE: Accidental discharge of the TASER shall be documented in a Use of Force Report Copyright Lexipol, LLC 2023/06/02, All Rights Reserved. Conducted Energy Device - 5 Published with permission by Gonzales Police Department Gonzales Police Department
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310.5.2 SUPERVISOR RESPONSIBILITIES
When the on-duty patrol sergeant becomes aware that a TASER may be necessary or has been used in the field, he/she shall respond to the location to control and supervise the scene. The supervisor shall also:
(a) Ensure that adequate resources are available
(b) Ensure that proper medical treatment is provided, as necessary (c) Complete the supervisor portion of the Use of Force Report; and (d) Notify the Chief of Police as soon as practicable.
Any requests for use of the TASER by Gonzales Police personnel from an outside police agency must be approved on a case by case basis by the on-duty supervisor. 310.5.3 TRAINING COORDINATOR'S RESPONSIBILITIES
The supervisor assigned as the Training Coordinator shall:
(a) Maintain a separate training file for TASER training and recertification for Department personnel
(b) Monitor the status of the TASER training and ensure that all sworn personnel assigned to patrol comply with the yearly certification policy; and (c) maintain a separate file of TASER related Use of Force Reports 310.5.4 APPLICATION OF THE TASER
The TASER may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person:
(a) The subject is violent or is physically resisting.
(b) The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others.
Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of the TASER to apprehend an individual. 310.5.5 SPECIAL DEPLOYMENT CONSIDERATIONS
The use of the TASER on certain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of using the device. This includes:
(a) Individuals who are known to be pregnant.
(b) Elderly individuals or obvious juveniles.
(c) Individuals with obviously low body mass.
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(d) Individuals who are handcuffed or otherwise restrained. (e) Individuals who have been recently sprayed with a flammable chemical agent or who are otherwise in close proximity to any known combustible vapor or flammable material, including alcohol-based oleoresin capsicum (OC) spray. (f) Individuals whose position or activity may result in collateral injury (e.g., falls from height, operating vehicles).
Because the application of the TASER in the drive-stun mode (i.e., direct contact without probes) relies primarily on pain compliance, the use of the drive-stun mode generally should be limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers time and distance to consider other force options or actions.
The TASER shall not be used to psychologically torment, elicit statements or to punish any individual.
310.5.6 TARGETING CONSIDERATIONS
Reasonable efforts should be made to target lower center mass and avoid the head, neck, chest and groin. If the dynamics of a situation or officer safety do not permit the officer to limit the application of the TASER probes to a precise target area, officers should monitor the condition of the subject if one or more probes strikes the head, neck, chest or groin until the subject is examined by paramedics or other medical personnel.
310.5.7 MULTIPLE APPLICATIONS OF THE TASER
Officers should apply the TASER for only one standard cycle and then evaluate the situation before applying any subsequent cycles. Multiple applications of the TASER against a single individual are generally not recommended and should be avoided unless the officer reasonably believes that the need to control the individual outweighs the potentially increased risk posed by multiple applications.
If the first application of the TASER appears to be ineffective in gaining control of an individual, the officer should consider certain factors before additional applications of the TASER, including:
(a) Whether the probes are making proper contact.
(b) Whether the individual has the ability and has been given a reasonable opportunity to comply.
(c) Whether verbal commands, other options or tactics may be more effective.
Officers should generally not intentionally apply more than one TASER at a time against a single subject.
310.5.8 ACTIONS FOLLOWING DEPLOYMENTS
Officers shall notify a supervisor of all TASER discharges. Confetti tags should be collected and the expended cartridge, along with both probes and wire, should be submitted into evidence.
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The cartridge serial number should be noted and documented on the evidence paperwork. The evidence packaging should be marked "Biohazard" if the probes penetrated the subject's skin. 310.5.9 DANGEROUS ANIMALS
The TASER may be deployed against an animal as part of a plan to deal with a potentially dangerous animal, such as a dog, if the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. 310.5.10 TASER® CAM™
The TASER CAM is activated any time the safety is in the off position. The safety should be in the safe position unless the officer intends to use the device. Because the TASER CAM memory is limited; the video and audio data should be downloaded frequently and retained as required by the department records retention schedule.
310.5.11 OFF-DUTY CONSIDERATIONS
Officers are not authorized to carry department TASERs while off-duty.
Officers shall ensure that TASERs are secured while in their homes, vehicles or any other area under their control, in a manner that will keep the device inaccessible to others. 310.6 DOCUMENTATION
Officers shall document all TASER discharges in the related arrest/crime report and the TASER report form. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional discharges, pointing the device at a person, laser activation and arcing the device will also be documented on the report form.
310.6.1 TASER FORM
Items that shall be included in the TASER report form are:
(a) The type and brand of TASER and cartridge and cartridge serial number. (b) Date, time and location of the incident.
Whether any display, laser or arc deterred a subject and gained compliance.
The number of TASER activations, the duration of each cycle, the duration between activations, and (as best as can be determined) the duration that the subject received applications.
(e) The range at which the TASER was used.
(f) The type of mode used (probe or drive-stun).
(g) Location of any probe impact.
(h) Location of contact in drive-stun mode.
Description of where missed probes went.
(i) Whether medical care was provided to the subject.
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(k) Whether the subject sustained any injuries.
Whether any officers sustained any injuries.
The Training Coordinator should periodically analyze the report forms to identify trends, including deterrence and effectiveness. The Training Coordinator should also conduct audits of data downloads and reconcile TASER report forms with recorded activations. TASER information and statistics, with identifying information removed, should periodically be made available to the public. 310.6.2 REPORTS
The officer should include the following in the arrest/crime report:
(a) Identification of all personnel firing TASERs
(b) Identification of all witnesses
(c) Medical care provided to the subject
(d) Observations of the subject's physical and physiological actions (e) Any known or suspected drug use, intoxication or other medical problems 310.7 MEDICAL TREATMENT
Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel should remove TASER probes from a person's body. Used TASER probes shall be treated as a sharps biohazard, similar to a used hypodermic needle, and handled appropriately. Universal precautions should be taken.
All persons who have been struck by TASER probes or who have been subjected to the electric discharge of the device shall be medically assessed prior to booking. Additionally, any such individual who falls under any of the following categories should, as soon as practicable, be examined by paramedics or other qualified medical personnel:
(a) The person is suspected of being under the influence of controlled substances and/ or alcohol.
(b) The person may be pregnant.
(c) The person reasonably appears to be in need of medical attention. (d) The TASER probes are lodged in a sensitive area (e.g., groin, female breast, head, face, neck).
(e) The person requests medical treatment.
Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications (i.e., more than 15 seconds) shall be transported to a medical facility for examination or medically evaluated prior to booking. If any individual refuses medical attention, such a refusal should be witnessed by another officer and/or medical personnel and shall be fully documented in related reports. If an audio recording is made of the contact or an interview with the individual, any refusal should be included, if possible.
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The transporting officer shall inform any person providing medical care or receiving custody that the individual has been subjected to the application of the TASER. 310.8 SUPERVISOR RESPONSIBILITIES
When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the TASER may be used. A supervisor should respond to all incidents where the TASER was activated.
A supervisor should review each incident where a person has been exposed to an activation of the TASER. The device's onboard memory should be downloaded through the data port by a supervisor or Rangemaster and saved with the related arrest/crime report. Photographs of probe sites should be taken and witnesses interviewed.
310.9 TRAINING
Personnel who are authorized to carry the TASER shall be permitted to do so only after successfully completing the initial department-approved training. Any personnel who have not carried the TASER as a part of their assignment for a period of six months or more shall be recertified by a department-approved TASER instructor prior to again carrying or using the device.
Proficiency training for personnel who have been issued TASERs should occur every year. A reassessment of an officer's knowledge and/or practical skill may be required at any time if deemed appropriate by the Training Coordinator. All training and proficiency for TASERs will be documented in the officer's training file.
Command staff, supervisors and investigators should receive TASER training as appropriate for the investigations they conduct and review.
Officers who do not carry TASERs should receive training that is sufficient to familiarize them with the device and with working with officers who use the device.
The Training Coordinator is responsible for ensuring that all members who carry TASERs have received initial and annual proficiency training. Periodic audits should be used for verification.
Application of TASERs during training could result in injury to personnel and should not be mandatory for certification.
The Training Coordinator should ensure that all training includes:
(a) A review of this policy.
(b) A review of the Use of Force Policy.
(c) Performing weak-hand draws or cross-draws to reduce the possibility of unintentionally drawing and firing a firearm.
(d) Target area considerations, to include techniques or options to reduce the unintentional application of probes near the head, neck, chest and groin.
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De-escalation techniques.
(g) Restraint techniques that do not impair respiration following the application of the TASER.
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