Police Department Policy

f3_conductedelectricalweapon_3.pdf

El Dorado County Sheriff

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 Probation 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 holster 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 department 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? 1

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