Police Department Policy

GGPDE_304_-_Conducted_Electrical_Weapon_2743518

Garden Grove PD

Policy Text
Policy 304Garden Grove Police Department Policy Manual Copyright Lexipol, LLC 2023/03/27, All Rights Reserved. Published with permission by Garden Grove Police DepartmentConducted Electrical Weapon - 1Conducted Electrical Weapon 304.1 PURPOSE AND SCOPE This policy provides guidelines for the issuance and use of CEWs. 304.2 POLICY The Conducted Electrical Weapon (CEW) 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. 304.3 ISSUANCE AND CARRYING CEWS Only members who have successfully completed department-approved training may be issued and may carry the CEW. CEWs 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 inventory. Officers shall only use the CEW and cartridges/magazines that have been issued by the Department. Cartridges/magazines should not be used after the manufacturer's expiration date. Uniformed officers who have been issued the CEW shall wear the device in an approved holster Officers who carry the CEW while in uniform shall carry it in a holster on the side opposite the duty weapon (Penal Code §13660). (a)All CEWs shall be clearly distinguishable to differentiate them from the duty weapon and any other device. (b)For single-shot devices, whenever practicable, officers should carry an additional cartridge on their person when carrying the CEW. (c)Officers shall be responsible for ensuring that the issued CEW is properly maintained and in good working order. (d)Officers should not hold a firearm and the CEW at the same time. 304.3.1 USER RESPONSIBILITIES Officers shall be responsible for ensuring that the issued CEW 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. 304.4 VERBAL AND VISUAL WARNINGS A verbal warning of the intended use of the CEW 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: Garden Grove Police Department Policy Manual Conducted Electrical Weapon Copyright Lexipol, LLC 2023/03/27, All Rights Reserved. Published with permission by Garden Grove Police DepartmentConducted Electrical Weapon - 2(a)Provide the individual with a reasonable opportunity to voluntarily comply. (b)Provide other officers and individuals with a warning that the CEW 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 CEW. 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 CEW in the related report. 304.5 USE OF THE CEW The CEW has limitations and restrictions requiring consideration before its use. The CEW should only be used when its operator can safely deploy the device within its operational range. Although the CEWmay 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 CEW may be considered for officer safety. 304.5.1 APPLICATION OF THE CEW The CEW 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 CEW to apprehend an individual. The CEW shall not be used to psychologically torment, to elicit statements, or to punish any individual. 304.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS The use of the CEW 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 potential 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. (d)Individuals who are handcuffed or otherwise restrained. Garden Grove Police Department Policy Manual Conducted Electrical Weapon Copyright Lexipol, LLC 2023/03/27, All Rights Reserved. Published with permission by Garden Grove Police DepartmentConducted Electrical Weapon - 3(e)Individuals known to have been recently sprayed with a flammable chemical agent or who are otherwise known to be in close proximity to any known combustible vapor or flammable material, including alcohol-based oleoresin capsicum (OC) spray. (f)Individuals whose position or activity is likely to result in collateral injury (e.g

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