doc_1835955

WINDERMERE POLICE DEPARTMENT GENERAL ORDER Effective Date: September 25, 2024  Rescinds  Amends 8.4 (October 4, 2022) Number: 8.4 SUBJECT: Electronic Control Device Print Date: 09/25/24 Distribution: All Personnel Review Month: October This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to provide officers with guida nce and direction on the use of electronic control devices. 2. Policy It is the policy of the agency that personnel performing official duties shall comply with applicable law, and specifically Fourth Amendment standards, by using a level of force that is objectively reasonable in light of the surrounding facts and circumstances. ECD’s have been proven effective and are authorized for use in appropriate circumstances by trained personnel. 3. Definitions A. Electronic Control Device (ECD) - A device designed to disrupt a subject’s sensory nervous and motor nervous systems by means of deploying battery powered electrical energy sufficient to cause uncontrolled muscle contractions and override an individual’s voluntary motor responses. 8.4, Page 2 B. A.F.I.D. (Anti Felon Ide ntification Device) – Confetti like pieces of paper that are expelled from the cartridge when fired. Each “aphid” contains an alphanumeric identifier unique to the specific cartridge used. C. Active Physical Resistance - A subject makes physically evasive mo vements to defeat an officer’s attempt at control. This may be in the form of bracing or tensing, attempts to push/pull away or not allowing the officer to get close to him/her. D. Aggressive Physical Resistance – A subject makes overt, hostile, attacking movements which may cause injury, but are not likely to cause death or great bodily harm to the officer or others. E. Passive Physical Resistance – A subject physically refuses to comply or respond to an officer’s command. He/she does not make any attempt to physically defeat the actions of the officer but forces the officer to employ physical maneuvers, or use a chemical agent to establish control. F. Securing Under Power – A technique used to secure a subject during the activation cycle, as instructed through training. G. Training ECD Instructors - Authorized agency members who have received advanced ECD training and are certified by the manufacturer of the agency -issued ECD. They are authorized to inspect, conduct minor repairs, download an ECD, and can teach agency ECD user courses. 4. Procedures A. Authorized Users 1. Only those who have satisfactorily completed the agency’s approved training course shall b e authorized to carry an ECD. Agency members will be given annual retraining on the use of an ECD. [4.06M -(D)] 2. Officers shall not carry their personally owned ECD. B. Device Readiness 1. The device shall be carried in an approved holster on the non -dominant side of the officer’s body. Special exemptions for carry may be made for specialized uniforms with approval from the Chief of Police. 8.4, Page 3 2. The device shall be carried fully armed with the safety on in preparation for immediate use when authorized. 3. Officers a pproved to use the device shall be issued a minimum of one spare cartridge as a backup in case of cartridge failure or the need for reapplication as covered in training. 4. Officers shall conduct a pre -operation test (spark test) of the ECD prior to the sta rt of each shift. If an officer believes the ECD is not operating properly, the officer shall promptly contact an ECD Instructor to determine the direction needed to correct the issue. a. An officer who is assigned to a specialized unit and who does not carry an ECD while performing the normal duties of his or her job is only required to perform the pre -operation test when the ECD is carried during an operational assignment. b. An officer wil l be required to attend remedial training on the use of the ECD if the officer has two accidental discharges of an ECD cartridge while performing spark tests within a six month period. C. Deployment 1. ECD may be used when the subject presents Active Physica l Resistance or higher resistance. Officers are prohibited from using the ECD on a handcuffed or otherwise secured subjects except when exigent circumstances exist (e.g. the subject was properly secured with his/her hands behind the back, but manages to m ove his/her hands to the front of his/her body and uses Active Physical Resistance against the officer, the handcuffed subject kicks the officer and/or refuses to allow him/her to get close to them, etc.). [4.06M -(D)] 2. The justifications for using the ECD a re the same officer/subject factors that exist in any other force dec ision. The initial activation of the ECD, as well as each additional activation, must be objectively reasonable under the standards set forth in Graham v. Conner. a. The ECD may be dep loyed in the case of a sudden attack or when a subject is actively resisting. 8.4, Page 4 1. ECD deployment may increase the risk of death or serious loss of control of any mode of transportation, conveyance or machinery. 2.