Policy Text
Procedure Number: F3
Issued: 11/15
CONDUCTED ELECTRICAL WEAPON (CEW)
AUTHORITY
California Code Section(s):
Penal Code Sections 835a
Related Probation Department Policies:
IV10 Employee Conduct
IV33 Safety, Uncooperative Clientele, and Threats
Related Probation Officer Procedures:
E3 Arrest of Juveniles and Adults
F2 Use of Force
F6 Arming: Request, Authorization, and Training Procedures
F7 Arming: Firearms/Ammunition Storage and Maintenance
INTRODUCTION
A CEW is an intermediate level of force and is to be used by armed probation officers in
accordance with Probation Department Procedure F2, Use of Force. The DPO shall use only department -issued CEW and CEW cartridges. The TASER Model X2 is the only Probat ion
Department authorized CEW. A DPO may carry a CEW only if specifically authorized by the Chief Probation Officer (CPO), and the CPO has the authority to revoke the authorization to carry a CEW at any time, with or without cause. Further, the DPO must complete the department approved training prior to being issued a CEW and must subsequently demonstrate his/her proficiency on an annual basis.
GENERAL GUIDELINES
A DPO shall follow the below guidelines:
1. The CEW shall be carried in a department approved ho lster secured on a department
approved duty belt on the support side only (non- gun side) or worn on a department
approved tactical vest.
2. A DPO carrying a CEW shall ensure the CEW battery is at a minimum of twenty (20) percent charge prior to conducting enforcement activities. Should the level of the battery be below twenty (20) percent, it is to be given for replacement to the designated de partment
armory officer in the South Lake Tahoe field office, or a firearms instructor in the Shingle Springs field office.
3. A DPO shall be responsible for ensuring the CEW is properly maintained and in good working order at all times.
4. The DPO shall conduct a five (5) second spark test every time he/she leaves the work site.
CONSIDERATIONS FOR USE
As the force used must be justifiable, appropriate, and in accordance with laws pertaining to the “objective reasonable standard,” factors to consider prior to CEW deployment, as used by the
Courts in determining reasonableness, are as follows:
1. Is the offender deemed an immediate threat to the DPO(s) or others?
2. Is the offender actively resisting?
3. Did the DPO make split second decisions during a situation that is tense, uncertain, and
rapidly evolving?
4. How serious is the offense?
5. Is the offender attempting to escape or evade arrest?
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Procedure Number: F3
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As with any law enforcement equipment, the CEW has limitations and restrictions requiring
consideration before its use. The CEW should only be used when the DPO can safely approach the offender within the operational range of the CEW. Although the CEW is generally effective
in controlling most offenders, it may fail. The DPO should be aware of this potential and be prepared to utilize other force options or disengage if necessary.
APPLICATION OF THE CEW
The DPO shall also consider the following when appl ying the CEW:
1. A DPO should not deploy both a firearm and a CEW at the same time.
2. A verbal warning of the intended use of the CEW shall precede its actual use unless it would otherwise endanger the safety of the officer or another or when due to the circums tances it is not practical. The purpose of the warning is to:
• Provide the offender a reasonable opportunity to comply, and to
• Provide other officers, offenders, and/or individuals with a warning that a CEW may
be deployed.
3. If, after a verbal warning, an offender does not comply with a DPO’s lawful orders and it
appears both reasonable and practical under the circumstances, the DPO may conduct a warning ARC (a visual, luminous electrical discharge), and/or display the laser i n a further
attempt to gain compliance. When possible the aiming laser should not be directed into the
eyes of an offender as it may permanently impair vision.
4. Due to rapidly evolving conditions during a use of force situation in which an officer may not be afforded the time to transition the level of force, the DPO deploying the CEW, if feasible, should be supported by at least one DPO or law enforcement officer capable of providing immediate lethal force cover.
5. Additional deployment considerations should be given to the following individuals who may be at an elevated risk when deploying the CEW:
• Pregnant women.
• Elderly individuals.
• Individuals with known health problems.
• Offenders who are handcuffed or otherwise restrained.
• Individuals who have been recent ly sprayed with a chemical agent or who are in close
proximity to known flammable or explosive gases, vapors or liquids.
• Passively resisting offenders.
• Individuals whose position or activity may result in significant collateral injury.
These may include persons:
o In elevated positions (e.g., roof, tree, ladder, ledge or stairs).
o Operating or riding on motor vehicles, machinery or other conveyances (e.g.,
vehicle, motorcycle, motorized scooter or bicycle).
o Located in, or very close to, bodies of water.
6. As the application of the CEW in the “Drive Stun” mode (direct contact without darts)
relies primarily on pain compliance and requires close proximity to the offender,