Policy Text
Policy
306Fremont Police Department
Conducted Energy Device
306.1 PURPOSE AND SCOPE
This policy provides guidelines for the issuance and use of the conducted energy device (CED).
306.2 POLICY
The CED is used in an attempt to control a violent or potentially violent individual. The appropriate
use of such a device may result in fewer serious injuries to officers and suspects.
306.3 ISSUANCE AND CARRYING CEDS
Only personnel who have successfully completed department-approved training may be issued
and carry the CED.
CEDs 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.
Employees shall only use the Taser 7 (CED) and cartridges that have been issued by the
Department. Uniformed employees who have been issued the CED and are assigned to an
operational capacity (e.g. Patrol, Traffic, School Resource Officers, Animal Services Officers,
Parking Compliance Officers, special events, etc.) shall wear the device on their person, except
in extenuating circumstances or while on the Fremont Police campus.
Members carrying the CED should perform a spark test on the unit prior to every shift.
When the CED is carried as part of a sworn uniformed officer's equipment, the CED shall be carried
on the side opposite from the duty weapon in an approved holster designed for non-dominant
hand draw. Holsters designed to allow for the extraction of the CED with the dominant hand are
prohibited.
(a)Officers shall carry one cartridge in their CED while on duty. An Officer may be issued
one (1) additional cartridge, upon request, which must be carried on the Officer's
person. If the cartridge is deployed, the Officer should seek a replacement cartridge
as soon as practical.
(b)Employees shall be responsible for ensuring that their issued CED is properly
maintained and in good working order.
(c)Officers should not hold both a firearm and the CED at the same time.
306.3.1 USER RESPONSIBILITIES
Officers shall be responsible for ensuring that the issued CED is properly maintained and in
good working order. This includes a function test and battery life monitoring, as required by the
manufacturer, and should be completed prior to the beginning of the officer's shift.
CEDs that are damaged or inoperative, or cartridges/magazines that are expired or damaged, shall
be returned to the Range Masteror designee for disposition. Officers shall submit documentation
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Conducted Energy Device
stating the reason for the return and how the CED or cartridge/magazine was damaged or became
inoperative, if known.
306.4 VERBAL AND VISUAL WARNINGS
A verbal warning of the intended use of the CED 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 CED may be deployed.
If, after a verbal warning, an individual fails 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, activate any warning on the device, which may include display of the electrical arc,
an audible warning, or the laser in a further attempt to gain compliance prior to the application of
the CED. The laser should not be intentionally directed into anyone's eyes.
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 CED in the related report.
306.5 USE OF THE CED
The CED has limitations and restrictions requiring consideration before its use. The CED should
only be used when its operator can safely deploy the device within its operational range. Although
the CED may be effective in controlling most individuals, officers should be aware that the device
may not achieve the intended results and be prepared with other options.
If sufficient personnel are available and can be safely assigned, an officer designated as lethal
cover for any officer deploying a CED may be considered for officer safety.
306.5.1 APPLICATION OF THE CED
The CED may be used when the circumstances reasonably perceived by the officer at the time
indicate that such application reasonably appears necessary to control a person who:
(a)Is violent or is physically resisting.
(b)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, themself, or others.
Mere flight from a pursuing officer, without additional circumstances or factors, is not good cause
for the use of the CED to apprehend an individual.
The CED shall not be used to psychologically torment, to elicit statements, or to punish any
individual.
306.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS
The use of the CED on certain individuals should generally be avoided unless the totality of
the circumstances indicates that other available options reasonably appear ineffective or would
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Conducted Energy Device
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 potential risk of