Electronic Muscular Disruption Units

LAFOURCHE PARISH SHERIFF’S OFFICE GENERAL ORDER SHERIFF CRAIG WEBRE NUMBER

Appendix W Effective Date PROCEDURAL ORDER 04/02/2007 Subchapter Amended Date ELECTRONIC MUSCULAR DISRUPTION UNITS 06/10/2010 Standards BY ORDER OF

CRAIG WEBRE, SHERIFF

I. POLICY

It shall be the policy of the Lafourche Parish Sheriff’s Office to train deputies in the use of agency owned and issued TASER’s. Only deputies trained and certified in the use of agency owned and issued TASER’s shall be authorized by the Lafourche Parish Sheriff’s Office to carry and/or deploy them. The TASER uses an Electro- Muscular Disruption (EMD) system. Deputies shall be thoroughly familiar with the operation of the TASER and utilize it only for its intended purposes.

II. PURPOSE

The Lafourche Parish Sheriff’s Office has adopted the use of TASER Cam recording systems in order to accomplish several objectives. They include but are not limited to: accurate documentation of events and statements made during the deployment of the TASER; enhancement of reports; collection of evidence and testimony, the enhancement of this agency’s ability to review probable cause for arrest, arrest procedures, deputy and person interaction; evidence for investigative purposes; and deputy evaluation and training.

III. RESPONSE TO RESISTANCE CONTINUUM

A. The TASER is a conducted energy weapon. It is a defensive weapon and is considered a less lethal weapon in the response to resistance, aggression, or situational danger continuum (at the same level as chemical agents). The TASER functions in two (2) ways:

1. It uses compressed nitrogen to project two (2) probes. An electrical signal is then sent to the probes, via small wires, which disrupts the body’s ability to communicate messages from the brain to the motor sensory nerves and causes motor skills dysfunction.

2. It can be used as a touch stun system when brought into immediate contact with a person’s body.

B. The decision to use the TASER is based on the same criteria a deputy uses when selecting to deploy a chemical agent or a baton. A TASER shall only be used as instructed in the Lafourche Parish Sheriff’s Office training courses and only in accordance with Lafourche Parish Sheriff’s Office Policy and Procedures consistent with local, State and Federal Law. The decision shall be made dependant on the actions of the person(s) or threat facing the deputy and the totality of the circumstances surrounding the incident. In any event, the use of the TASER shall be reasonable.

C. The TASER is not meant to be a substitute for a lethal response to resistance, aggression or situational danger situations. The TASER shall not be used without a firearm backup in those situations where there is a substantial threat towards the deputy(s) or the public.

D. Using the TASER may greatly reduce the need for other types of physical response by the deputies that may result in serious or potential deadly injury to the person, deputy or public. However TASER International Training Bulletin 12.0.04 advises:

1. TASER devices may ignite gasoline, other flammables or explosive vapors;

2. TASER devices may cause temporary incapacitation or the inability to catch oneself during a fall;

1 Appendix W ELECTRONIC MUSCULAR DISRUPTION UNITS PROCEDURAL ORDER

3. TASER devices may cause strong muscle contractions that may cause physical exertion or athletic type injuries to some people;

4. Use of a TASER device in drive (or touch) stun mode may cause marks, friction abrasions, and/or scarring, that may be permanent depending on individual susceptibilities or circumstances surrounding TASER device use exposure;

5. TASER devices can cause temporary discomfort, pain stress and panic which may be injurious to some people;

6. As with any restraint tool, technique or device, the use of a TASER device upon a person or animal may be stressful and contribute to exertion, exhaustion, including injury or death caused by an individual’s exhaustion or over-exertion. Repeated, prolonged, and/or continuous TASER device exposure(s) may contribute to or cause cumulative exertion or exhaustion results and effects;

7. The user should avoid repeated, prolonged, and/or continuous application(s) of the TASER. This may impair breathing and respiration, particularly when the probes are across the chest or diaphragm. Users shall avoid prolonged extended, uninterrupted discharges or extensive multiple discharges whenever practical in order to minimize the potential for over-exertion of the person or potential impairment or full ability to breath over a protracted time period. Particularly when dealing with persons showing symptoms of excited delirium, use of the TASER device shall be combined with physical restraint techniques to minimize total duration of the struggle and minimize the duration of the TASER device stimulation. Excited delirium is a potentially fatal condition caused by a complex set of psychological conditions including over-exertion of the person and inability for sufficient respiration to maintain normal blood chemistry. These persons are at significant and potentially fatal health risks from further prolonged exertion and/or impaired breathing;

8. The user shall attempt to minimize the uninterrupted duration and total number of TASER device applications;

9. If the subject refuses to comply after multiple TASER applications, the operator shall consider whether additional applications are making sufficient progress toward compliance restraint or if transition to a different response to resistance, aggression or situational danger option is warranted; and

10. As with any response to resistance, aggression or situational danger incident, the operator shall be reminded that they shall be able to justify the rationale for each additional TASER application.

E. Any use of an electronic incapacitation device contrary to the direction of this policy may result in the revocation of the deputy’s right to use such product and may subject the deputy to disciplinary action.

IV. PROCEDURE

A. Full-time TASER certified employees shall be issued a TASER equipped with a TASER Cam, holster, secondary battery and two (2) cartridges as approved by the Sheriff.

1. Property Control shall maintain a record of all TASER’s and TASER Cams, their serial numbers, and their assignment. The Training Academy shall issue all TASER units.

2. A record of cartridge serial numbers shall be logged and maintained at the Training Academy, and when necessary, a replacement cartridge(s) shall be issued. The log shall be audited by the Training Director or designee.

a. In the event that a TASER is returned, replaced or surplused for repairs, the use history of that particular TASER shall be downloaded.

b. The use history shall be maintained for at least a three (3) year minimum period from the date the TASER was taken out of service or until the completed adjudication of any pending criminal or civil litigation.

3. Use histories shall be run on each TASER once a year. Any indications of misuse of the device may result in disciplinary action and/or revocation of the user’s privilege to carry a TASER. The Training Academy shall conduct this process at annual recertification or upon demand.

B. Part-time or Reserve TASER certified employees working a detail may request a TASER equipped with a TASER Cam, holster, secondary battery and two (2) cartridges as approved by the Sheriff. from the TASER Pool located at COC.

1. Property Control shall maintain a record of all TASER’s and TASER Cams, their serial numbers, and their assignment. The Training Academy shall issue all TASER units.

2. A record of cartridge serial numbers shall be logged and maintained at the Training Academy, and when necessary, a replacement cartridge(s) shall be issued. The log shall be audited by the Training Director or designee.

a. In the event that a TASER is returned, replaced or surplused for repairs, the use history of that particular TASER shall be downloaded.

b. The use history shall be maintained for at least a three (3) year minimum period from the date the TASER was taken out of service or until the completed adjudication of any pending criminal or civil litigation.

3. Use histories shall be run on each TASER once a year. Any indications of misuse of the device may result in disciplinary action and/or revocation of the user’s privilege to carry a TASER. The Training Academy shall conduct this process at annual recertification or upon demand.

4. Any Taser equipment issued from the TASER POOL must be returned at the end of the detail.

C. All employees who are authorized to use a TASER shall first successfully complete a TASER certification program. This certification includes written and practical tests as well as one TASER exposure. A mandatory recertification shall be completed by Training Academy instructors during annual recertifications.

D The TASER is not a substitute for deadly force and should not be used in those situations. Deployments of the TASER shall be backed up with the availability of lethal response to resistance. The TASER may be used in those situations where:

1. Persons threatening themselves, a deputy, or another person with physical resistance, aggression, or situational danger and other means of controlling the subject are unreasonable or may cause injury to the deputy(s), person(s), or the public.

2. In cases where:

a. Deputy/person factors indicate the deputy(s), person(s), or the public would be endangered by the use of physical resistance, aggression, or situational danger.

b. Other means of lesser or equal responses to resistance, aggression or situational danger has been ineffective and the threat still exists to the deputy(s), person(s), and the public.

3. Center mass of the body is the preferred target area when firing a TASER, particularly the center mass of the back, as clothing tends to be tighter on this part of the body. Deputies encountering persons wearing heavy or loose clothing on the upper body shall consider targeting the legs. The head and face shall not be targeted.

4. The TASER shall never be used punitively or for purpose of coercion. It is to be used as a way of averting potential injurious or dangerous situations.

a. Based on the XP-25 TASER cartridge, the effective range is zero (0) to twenty- five (25) feet with an optimum range of seven (7) to fifteen (15) feet.

b. Range less than three (3) feet may not provide adequate distribution of the probes to allow the unit to function to its full effectiveness. However, firing the TASER at a person closer than three (3) feet is not dangerous to the person.

5. Prior to the deployment of a TASER, the deputy shall be responsible to visually and physically confirm that the tool selected is, in fact, a TASER and not a firearm. The deputy should also notify dispatch, if feasible, that a TASER is going to be deployed.

a. The deputy should also notify any on-scene assisting deputy or agency that they intend to deploy a TASER.

b. Immediately prior to deploying the TASER, the deputy should announce, if feasible, “TASER! TASER! TASER!” The announcement shall be made only if it would not endanger the public or deputies.

c. The deputy shall, if possible and feasible, attempt to inform the person that they intend to use the TASER on the person. Such a warning may induce the person to acquiesce and surrender without having to deploy the TASER.

d. The use of a TASER sighting feature (laser) as a deterrent is not required to be reported on a Response to Resistance, Aggression or Situational Danger/Injury Report, but shall be detailed in the deputy’s incident report and video downloaded.

6. The TASER has the ability to ignite flammable liquids and vapors. It shall not be deployed at people who have come in contact with flammables or in environments where flammables are obviously present. Employees shall be especially aware of this when in known meth lab environments.

7. Proper consideration and care shall be taken when deploying the TASER on persons who are:

a. In an elevated position;

b. In other circumstances where a fall may cause substantial injury or death;

c. Obviously pregnant or obviously infirm;

d. While operating a moving motor vehicle, machinery or heavy equipment;

e. Very young children or infants;

f. Very elderly persons; or

g. In circumstances where the TASER would probably necessitate a water rescue. (e.g., in close proximity of a body of water, at the edge of a swimming pool, balcony, etc.)

8. Certainly each situation is different and the deputy’s actions shall be dictated by the circumstances of each situation as well as the training received prior to being certified to carry a TASER. Deputies shall be prepared to justify all TASER deployments.

E. Prior to the deputy beginning a tour of duty, the TASER shall be “Spark Tested”.

1. Deputies shall visually inspect the TASER and check to see the spark between the electrodes periodically.

a. If a deputy reports to an on-duty assignment, an off-duty detail or any other official activity, that deputy shall Spark Test their assigned TASER, prior to reporting to that assignment.

2. The TASER shall be Spark Tested by first removing the cartridge and then pulling the trigger. There should be a visible spark between the electrodes.

a. The trigger pull should normally be of about one (1) secondduration.

b. The laser test is a visual test to see that the TASER emits the laser beam.

c. All employees carrying a TASER shall check the battery indicator on a regular basis to ensure that the power supply registers higher than 20%. Power supply packs shall be replaced prior to dropping below 20%. Power packs, cartridges and replacement needs shall be handled by the Training Academy.

3. A TASER Failure Report shall be maintained at the Training Academy to document failures. This report shall include the following information: the name and badge number of the deputy, the name and badge number of the supervisor, the TASER serial number, the type of malfunction, the date and time that the malfunction was detected, the date that the TASER was returned to the Training Academy, and the name of the employee who received the TASER.

a. If the malfunction is discovered during normal business hours the deputy shall take the TASER to the Training Academy and surrender it to a Training Instructor.

b. If possible, another TASER shall be issued to the deputy by the on-duty Uniform Patrol Shift Lieutenant.

V. TASER DEPLOYMENT

A. After the TASER is deployed, immediate action shall be taken to care for the injured, to apprehend any suspects, and to protect the scene. A TASER shall not be left unattended except in exigent circumstances. Once the person is restrained or has complied, the TASER shall be turned off and the deputy shall render first aid in accordance with their training and capabilities.

1. Medical personnel shall be summoned to the scene or the person shall be transported to the nearest medical facility if:

a. The person loses consciousness or receives serious injury;

b. Requested by the tased person;

c. The probes are located in sensitive areas such as face, neck, groin, breast, eyes or if the person request that the probes be removed by medical personnel.

2. Deputies may remove probes in other areas.

a. Deputies shall inspect the probes after removal to ensure that the entire probe and probe barb has been removed.

b. In the event that a probe, or probe barb has broken off and it is still embedded in a person’s skin, the person shall be transported to the nearest medical facility.

c. Probes that have been removed from the skin shall be treated as biohazard sharps.

(1) They shall be placed point down into the expended cartridge cores and secured with tape and/or the glove technique and returned to a Training Academy Instructor.

3. It shall be mandatory that a ranking deputy report to all TASER deployment scenes. The first supervisor on the scene shall ensure that proper care is given to injured deputies and/or persons.

a. The supervisor shall ensure all responsibilities of the deputy have been carried out regarding care for the injured, apprehension of the suspects, and protection of the scene.

b. The supervisor shall ensure proper notifications to Command Staff as soon as possible. The shift, or on-scene supervisor, shall notify the Patrol Division Commander if any traumatic injury has occurred involving a TASER deployment.

c. The Call Criteria sheet shall be completed and determine if detectives are to be called to investigate the incident.

d. Ensure all other written reports associated with the incident shall be completed, reviewed and forwarded accordingly.

4. Deputies shall attempt to locate the yellow, pink, and clear colored “micro-dots” dispersed at the time of the cartridge firing. Probe impact sites and any other related relevant objects shall be photographed and/or video recorded via the TASER Cam. Located micro-dots shall be collected and logged as evidence for safekeeping.

5. Involved employees shall attempt to locate and identify any witnesses to the incident.

6. Deputies shall refrain from discussing the incident until the arrival of an on- scene shift supervisor or higher ranking deputy. The involved persons shall brief them of the circumstances surrounding the incident and what action has taken place.

7. The on-duty Uniform Patrol Shift Supervisor shall arrange for the deployed TASER and TASER Cam to be transported to the Criminal Operations Center to be logged into evidence for safekeeping.

8. A TASER, TASER Cam and cartridges may be made available for temporary use until the release of the deputy’s assigned TASER and TASER Cam.

a. Spare TASER’s and TASER Cams shall be maintained in a secure area at the Criminal Operations Center.

b. Uniform Patrol Shift Supervisors shall maintain, issue and track spares, which shall be documented on a log sheet maintained with the spares.

9. After a TASER is deployed for any reason, other than sanctioned testing, the deputy who discharged the TASER shall obtain an item number, complete all appropriate paperwork and attach the paperwork to the Response to Resistance, Aggression, or Situational Danger/Injury Report for review.

a. On accidental discharges, this same policy and procedure shall apply.

10. The Evidence Custodian shall download all files from a deployed TASER and TASER Cam into the designated secure file system. Thereafter the Evidence Custodian shall notify Internal Affairs of each download.

a. To protect the integrity of the recordings, request to view and/or access to the stored data shall only be granted with the approval of the Sheriff, Chief Deputy or their designee.

11. Secured spent cartridges shall be returned to the Training Academy by the deputy for replacement and disposal.

a. Training Academy employees shall log and dispose of spent cartridges.

12. The release and return of the TASER and TASER Cam to the deputy shall only be approved after a review by Internal Affairs of the files and reports. a. Internal Affairs may conduct interviews, if necessary, to ensure compliance with Lafourche Parish Sheriff's Office Policy and Procedure and conduct further investigations as appropriate.

13. Incidents resulting in death or serious bodily injury shall be reviewed by Internal Affairs before the release and return of the TASER and TASER Cam to the deputy.

14. Thereafter, unless otherwise indicated, Internal Affairs shall authorize the return of the deputy’s assigned TASER and TASER Cam by the Evidence Custodian.

a. The spare TASER shall be returned to the on-duty Uniform Patrol Lieutenant by the assigned deputy prior to the release of their assigned TASER and TASER Cam and additional cartridges.

b. The deputy, upon receipt, shall perform a maintenance check to ensure their assigned TASER and TASER Cam is in working order and obtains additional cartridges from the Training Academy.

B. The full effect of a TASER on animals is not yet proven. However, field deployments have shown positive results and the TASER has been an effective tool when applied to animals. Animals have also shown the ability to quickly recover from the effects of the TASER. As soon as the TASER temporarily disables the animal, deputies shall be prepared to act quickly with control devices or restraints. Using the TASER on animals may reduce the need for greater, more injurious response. Employees shall deploy a TASER on an animal when other conventional means to control the animal have been exhausted or may be unreasonable. The use of a TASER on an animal shall be based on the intent to provide a safer, more humane and less traumatic conclusion to the incident.

1. A TASER may be deployed on an animal when:

a. An animal is threatening or is attacking a person, deputy, or other animal and the use of other response is not reasonable or may not be desired given the situation;

b. An animal has threatened or attacked a person, or deputy, or other 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; or the animal poses an active threat to deputies in their efforts to perform their duty.

2. Other sections of this policy that apply to issuance, training/certification, deployment procedures, precautions and duties also apply to this section, although the other sections apply generally when applied on persons.

3. When targeting an animal, the TASER should be turned sideways with aim on the front shoulder. Care shall be taken to ensure the head and other sensitive areas on the animal are not targeted. It is understood that animal deployments may be very dynamic in nature and the probes may impact unintentional areas. Procedures for probe removal shall take place as outlined herein. Employees shall take reasonable measures to ensure the animal’s welfare is provided 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 employees acted appropriately, the animal’s owner shall be responsible for any medical attention needed by the animal. Disputes regarding veterinary care shall be referred to the Department Head.