Policy Text
Policy
309Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentConducted Energy Device - 1Conducted Energy Device
309.1 PURPOSE AND SCOPE
This policy provides guidelines for the issuance and use of Conducted Electrical Weapons.
309.2 POLICY
The Conducted Energy Device is intended to control a violent or potentially violent individual, while
minimizing the risk of serious injury. The appropriate use of such a device should result in fewer
serious injuries to officers and suspects.
309.3 ISSUANCE AND CARRYING CEDS
Only members 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.
Officers shall only use the CED and cartridges that have been issued by the Department.
Uniformed officers who have been issued the CED shall wear the device in an approved holster
on their person. Non-uniformed officers may secure the CED in the driver’s compartment of their
vehicle.
Members carrying the CED should perform a spark test on the unit prior to every shift.
When carried while in uniform officers shall carry the CED in a weak-side holster on the side
opposite the duty weapon.
(a)All CEDs shall be clearly and distinctly marked to differentiate them from the duty
weapon and any other device.
(b)Whenever practicable, officers should carry two or more cartridges on their person
when carrying the CED.
(c)Officers shall be responsible for ensuring that their issued CED is properly maintained
and in good working order.
(d)Officers should not hold both a firearm and the CED at the same time.
309.4 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.
Mountain View Police Department
Mountain View PD Policy Manual
Conducted Energy Device
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentConducted Energy Device - 2If, after a verbal warning, an individual is unwilling 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, display the electrical arc (provided that a cartridge has not been loaded into the
device), or the laser in a further attempt to gain compliance prior to the application of the CED. The
aiming laser should never be intentionally directed into the eyes of another as it may permanently
impair his/her vision.
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.
309.5 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 approach the subject within the operational range of the
device. Although the CED is generally effective in controlling most individuals, officers should be
aware that the device may not achieve the intended results and be prepared with other options.
309.5.1 APPLICATION OF THE CED
The CED may be used in any of the following circumstances, when the circumstances perceived
by the officer at the time indicate that such application is reasonably necessary to control a person:
(a)The subject is violent or is physically resisting.
(b)The subject 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,
him/herself or others.
Mere flight from a pursuing officer, without other known circumstances or factors, is not good
cause for the use of the CED to apprehend an individual.
309.5.2 DARTS CONSIDERED A BIOHAZARD
Used CED darts shall be considered a sharp biohazard, similar to a used hypodermic needle, and
disposed of accordingly.
309.5.3 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
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 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.
Mountain View Police Department
Mountain View PD Policy Manual
Conducted Energy Device
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentConducted Energy Device - 3(e)Individuals who have been recently sprayed with a flammable chemical agent or
who are otherwise in close proximity to any known combustible vapor or flammable
material, including alcohol-based oleoresin capsicum (OC) spray.
(f)Individuals whose position or activity may result in collateral injury (e.g., falls from
height, operating vehicles).
Because the application of the CED in the drive-stun mode (i