Police Department Policy

303Conducted_Energy_Device_11062024

San Luis Obispo County Sheriff

Policy Text
Policy 303San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentConducted Energy Device - 1Conducted Energy Device 303.1 PURPOSE AND SCOPE This policy provides guidelines for the issuance and use of TASER devices. 303.2 POLICY The TASER® 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. 303.3 ISSUANCE AND CARRYING EMD DEVICES Only members who have successfully completed department-approved training may be issued and carry the TASER device. TASER devices 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 TASER device and cartridges that have been issued by the Department. Uniformed officers who have been issued the TASER device shall wear the device in an approved holster on their person. Non-uniformed officers may secure the TASER device in the driver’s compartment of their vehicle. . When carried while in uniform officers shall carry the TASER device in a weak-side holster on the side opposite the duty weapon. (a)All TASER devices 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 TASER device. (c)Officers shall be responsible for ensuring that the department TASER device is properly maintained and in good working order. (d)Officers should not hold both a firearm and the TASER device at the same time. 303.4 VERBAL AND VISUAL WARNINGS A verbal warning of the intended use of the TASER device 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 TASER device may be deployed. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo 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 TASER device. 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 TASER device in the related report. 303.5 USE OF THE EMD DEVICE The TASER device has limitations and restrictions requiring consideration before its use. The TASER device should only be used when its operator can safely approach the subject within the operational range of the device. Although the TASER device 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. 303.5.1 APPLICATION OF THE EMD DEVICE The TASER device 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 TASER device to apprehend an individual. 303.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS The use of the TASER device 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. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo 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 TASER device in the drive-stun mode (i.e., direct contact without

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.