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• The new TASER® 10 ECW (released in January 2023) is not included in the policy. It is clear from the language and the descriptions used in this policy that it does not include the TASER 10 ECW. There are too many examples of this deficiency to identify and discuss here, but keep in mind that much of what is written can be used against TASER 10 ECW adopters and users.
Another label, “pregnant,” is also a slippery one. The IACP model policy fails to distinguish a person who is “visibly pregnant” from one who is two weeks pregnant.
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I just want to say thank you to ASC for everything. After I graduated I got a call from ****** Security about my interview that I had with them on the last day of school. They said that the skill set and training I received from ASC (along with my military background) place me far beyond the average person who applied for a job with their company. And because of that they want to hire me not as a security guard, but as a shift supervisor. I couldn't believe it. One of my fears about starting my career and security was that I would graduate from training and not receive any job offers. However since graduating ASC I've been offered two jobs (one as a supervisor and one as a guard) and the pay for both are great. The money I'm going to start making is way more than what I was before so for that I want to say thank you. It was because of you guys that my life changed course and now the possibilities are ever-changing. Be sure to pass my thanks to Connor, Omer, Ryan, Jake, Ian, Steve and the rest of the guys.
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Another concern focuses on the careers of ECW users. If the IACP ECW Model Policy is blindly adopted or unofficially used by a municipality, administrator and/or trainers, violations of it can arguably lead to it being used as a predicate for career-ending discipline, criminal prosecution or civil litigation. Union stewards and members will want to obtain and read the ECW Model Policy and then mandate for its modification to parallel extant force legal standards, update agency policy, guidelines, procedures, training, and, where necessary, to update existing ECW use protocols. A robust discussion should produce contemporary, positive and practical results.
Lastly, most of us cannot possibly know who “appears [to be] users of internal cardiac devices.” Even Transportation Security Administration (TSA) officers ask people to tell them if they have an internal defibrillator or other implanted device so they can be “wanded.”
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Sensitive body areas include the “chest/heart area,” but later is only identified as the “chest area.” These are not synonymous! In another section, the Model Policy warns ECW users to avoid these areas in “probes or activation” modes and later it says, “preferred probe target location” and also directs in the same paragraph, the ECW “should not be intentionally aimed at a sensitive area . . .” which includes the chest. Per this Model Policy, a drive stun to the “chest area” is not preferred. This conflates a touch/contact stun to a “drive stun.” Even a probe striking the chest area when following the “split the beltline” targeting paradigm would not be preferred. Again, consider how prosecutors and plaintiffs’ attorneys can use this language against the ECW user whose probe or drive stun contacted the “chest area.”
• Shall vs. May vs. Must: Experienced public safety administrators, trainers and employees should know that “shall” means they must do a task or procedure. In contrast, “may” is not mandatory and gives the employee decision-making discretion. The ECW Model Policy uses “shall,” “may” and “must” throughout to the potential disadvantage of administrators, trainers and employees. Knowing what task or procedure is required versus flexible versus forbidden/prohibited becomes a chore for even those employees with gifted memory. Add lay jurors to the mix and one can imagine how prosecutors and/or plaintiffs’ attorneys can focus on confusion in the minds of jurors after exacting cross-examination of employees about when they “shall,” “must” or “may” do something.
• Notifying a supervisor: The previous third example deserves a fuller explanation about the requirement to notify a supervisor. First, as the Bureau of Justice Statistics (BJS) has reported, most police departments in the United States are small, with 46% of all local police departments employing fewer than ten FTE (Full-Time Equivalent) sworn officers and far more than 50% have less than 25 FTE officers, with several agencies working one or two person shifts and some only working part-time. If there is not a supervisor rank or not one working a shift, the default is apparently to contact the Chief of Police after each ECW use which can include presentation compliance. After notification, per the 2023 Model Policy, “. . .Supervisors have a responsibility for ensuring accountability from their officers . . . Supervisors should:
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The IACP is an excellent organization and I’m proud to be a member, but the 2023 ECW Model Policy is similar to another deficient one it published in 2009 that, by its own ECW definition, did not include TASER devices. The IACP must quickly rewrite the 2023 ECW Model Policy to correct its many inaccuracies, deficient definitions and the absence of the TASER 10. However, until then: Caveat emptor.
• Evidence Collection: Section H of the Model Policy focuses exclusively on “Evidence Collection.” Per this section, “Officers will collect all evidence of the encounter . . . [and] shall collect the cartridge, wire leads, darts, and anti-felon identification markers (AFIDs) . . . .” Regardless of weather conditions (think blowing wind, rain, snow, etc.), the officer “will collect” AFIDs among other items. This appears to be an example of non-ECW practitioners writing policy which sounds good on paper, but is hard to follow and very rarely done in practice.
Current Axon ECW (effective September 20, 2022) and the IACP ECW Model Policy (September 2023) do not define “elderly.” Some time ago, a number of law enforcement professionals got together and attempted to define “elderly” only to be met with so many diverse definitions that no one definition is workable. One definition said an elderly person is “anyone retired” which could mean a 30-year-old who just sold a business for millions of dollars and is retired. Most of us who are over 50 can recall when, at age 18, we thought 30-year-olds were “old,” but no longer.
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I just wanted to thank you for giving me the opportunity to attend your CPR course. I know your focus is primarily training bodyguards but as a mother of two I wanted to learn CPR 'just in case.' I never realized there was such a difference between CPR for adults and CPR for infants. I now feel comfortable that if something bad were to happen I have the ability to do CPR. Thank you again.
• Electricity is a weapon. Per the ECW Concepts and Issues paper, TASER ECW inventor, Jack Cover, experimented with “electricity as a weapon.” While some folks may argue this is somewhat accurate, imagine a prosecuting or plaintiff’s attorney telling a jury that electricity is a weapon per the IACP ECW Model Policy. Many laypeople, including jurors, are highly misinformed about ECWs. They only know what they have seen on television, in a movie, read online or in print, and from testimony they heard that ECWs deliver 50,000 volts. Per the IACP, all ECWs use electricity as a weapon. To clarify, electricity itself is not a weapon, but it is used as a component in weapons such as ECWs.
• Inaccurate force legal standards: Per the 2023 Model Policy, ECW users can “. . . use only the force that is objectively reasonable under the totality of the circumstances known to the officer at the time [emphasis added]. . . .” First, this does not include officers’ force analyzed under the Eighth Amendment “cruel and unusual punishment” standard. More importantly, this is patently a misstatement of Graham v. Connor (1989), and its progeny, including Lombardo v. City of St. Louis, Missouri, — U.S. —, 210 L. Ed. 2d 609, 141 S. Ct. 2239 (2021), which can foreseeably harm officers in legal proceedings. The standard is not what is known to the officer at the time force was used, but rather what was reasonably perceived by the officer at the time force was used. This is a major error which slipped by the authors and reviewers of this erroneous Model Policy. This significant inaccuracy conflicts with the clearly established law; with legal decisions; with many agencies’ force policies and guidelines; and with ECW and parallel force option training. Administrators and trainers must recognize this error and others before impulsively adopting and/or training on this new Model Policy.
Following are several risk management issues which need thorough examination and potential adjustments to minimize potential policy complications:
Space does not permit a full analysis of the 2023 IACP ECW Model Policy and its supporting Concepts and Issues paper, so only a select few of the potentially more serious risk management concerns are discussed. Administrators, trainers, risk managers, and/or ECW users are strongly encouraged to read and understand, in proper contexts (including critics’ potential attack points), the entirety of this new policy and make corrections to the several errors and omissions within its pages before adopting a corrected version. Like an algebra word problem, many people who read this policy may not see the hidden land mines; for others, they will be obvious. You can be sure plaintiffs’ counsel and/or prosecutors will see them and use their wording, coupled with legal and scientific inaccuracies, against their targets.
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While there is no such thing as a “perfect [law enforcement force option] policy,” this trusted saying applies to the numerous land mines hidden in plain sight within the new 2023 IACP “Electronic Control Weapons” (ECWs) Model Policy and the Concepts and Issues supporting document which were recently released. This September 2023 Model Policy replaces the IACP’s March 2018 version. As an Associate Member of the IACP, this article is not to devalue the work of the IACP, but rather to alert public safety administrators, trainers, risk managers, and users of ECWs that “blind adoption” of this Model Policy may throw them “under the legal attacks bus.” The possible results are more high-profile, unfavorable, costly, and career ending discipline; civil litigations; and criminal prosecutions against ECW users, trainers, administrators, and government employers. From a risk management perspective, do not thoughtlessly adopt this Model Policy without first considering some significant rehabilitation.
In Ramirez v. Escajeda, No. EP-17-CV-00193-DCG, Slip Copy, 2021 WL 1131721 (W.D. Tex., March 24, 2021), the court noted the agency’s “Use of Force . . . policy had imprecise language that left its officers to navigate two different concepts of decision-making (objective reasonableness and discretion) which appear contradictory and to some extent inconsistent with the Fourth Amendment’s objective reasonableness standard in Graham v. Connor.”Thoughtlessly adopting the 2023 IACP ECW Model Policy would also, arguably, create two or more different concepts of decision-making regarding reasonableness and discretion that, in this case, are contradictory and inconsistent with the Fourth Amendmen’s objective reasonableness standard, as exists today in “clearly established law,” rather than the basic Graham factors from 1989.
I've been in Executive Protection here in LA since returning from a tour in Iraq in 2005. I think a lot of people who are interested in this field are under the misconception that being a cop, soldier or bouncer will give them all the tools they need to be effective in the EP field. Far from it. These jobs may provide a foundation but they don't provide a true understanding of the dynamics of Executive Protection. Your course was a good introduction to the ins and outs (and potential pitfalls) of EP work. Whether or not someone is new to the field or, like me, just trying to maintain perishable skills, I highly recommend this course.
Taser training is designed for those who may find themselves in a professional scenario where their safety is threatened, or they are acting to protect somebody else. The course serves as Taser training for security guards as well. If you’re in the police force or the military, or you work as a security guard or a bodyguard, it’s beneficial to undertake training to ensure that if the situation arises, you’d be competent and confident enough to use this weapon to protect yourself and those around you with minimal risk. Taking the Taser course gives you access to all the information you need to understand how a Taser works, and provides you with practical training to get the best results if you ever find yourself in a situation where you feel it necessary to employ a Taser.
The aim of Taser training is to equip students with the knowledge and practical skills to operate and employ a Taser with proficiency, confidence, and composure. A Taser can be a very effective self-defense weapon, but it’s essential that those who have possession of a Taser understand how and when to employ it.
Unfortunately, space limitation does not permit a full detailed analysis and corresponding explanations of the 2023 ECW Model Policy which means administrators, trainers and/or ECW users must carefully read it in context and in sync with current established science, clearly established law and operational considerations, and then identify concerns and conflicts with existing policy, guidelines, procedures, training, and other relevant documents. A major risk management concern is how the Model Policy can be used against municipalities, administrators, trainers, and/or ECW users during criminal and/or civil legal actions. Too often, expert witnesses on both sides testify that the IACP, through its Model Policies, set “national standards” or “generally accepted police practices” for law enforcement agencies, administrators and officers. This is incorrect. Advocacy groups such as the IACP do not set “standards” for agencies. However, when a municipality or an agency administrator adopts a Model Policy, then it can inappropriately be conflated to an enforceable standard, with potentially severe consequences for that agency.
John G. Peters, Jr., Ph.D., is a frequent contributor to Police and Security News and is an experienced expert witness. He has seen firsthand how agency policy, guidelines and training have been used against municipalities, administrators and officers. John is a former police administrator, deputy sheriff and patrol officer. You are encouraged to copy and share this article with colleagues and others.
• Elevated Risk Population Groups: Axon International, Inc. (Axon) and the IACP Model Policy both caution against using an ECW on populations which are potentially at greater risk of injury or death. However, neither the manufacturer nor the IACP provide exacting definitions for each group. In short, the liability may be placed onto the agency, agency trainers and ECW users. However, the Model Policy definition of “Elevated risk population groups” is concerning because it may ambiguously include or exclude certain individuals. This group consists of “. . . those who reasonably appear or are known to be elderly, medically infirm, pregnant, users of internal cardiac devices, or who have low body mass, such as small children.”
As a former law enforcement officer I thought I had a pretty good understanding of what it would take to be a good Executive Protection Specialist but it's a whole different ball game when you don't have the weight of a badge behind you. Although this course was basically fundamentals, I felt it helped bridge the gap between my experience as a law enforcement officer and the EP field. Although I had done a lot of similar range work before I found the firearms portion of the course work to be very professional and well executed and could see how this would be a great course for someone new to the field. Thanks for a great course.
PWA’s Taser Training and Certification course teaches you how to utilize a Taser as a non-lethal method of self- defense. Curriculum is broken into three sections: lecture, demonstration and scenario method. Taser training enables students to learn how to use a Taser as an effective, non-lethal means of self-defense. To use a Taser properly and safely, you need to undertake training. Training provides an in-depth understanding of how a Taser works, how it should be employed and when it should be used. The Taser training course is divided into three key sections, which form a comprehensive curriculum; these include lecture, demonstration and scenario training. Taser training is recommended for anyone who may find themselves in a situation where they need to employ a Taser to protect themselves or others, for example, military personnel, security professionals, police officers, and bodyguards. If you’re hoping to pursue any of these career options, or you’re already in a similar role, and you’d like to enhance your training, our Taser training course could be hugely beneficial for you.
The ECW Model Policy and supporting Concepts and Issues paper are filled with definitions, some of which are inaccurate, poorly defined or simply not defined. For example, the term “deploy” is not defined and, in some jurisdictions, can include removing from the holster or presentation compliance. Similarly, the term Anti-Felon Identification (AFID) tags claims they are “Confetti-like pieces of paper [which is only partially correct] installed on ECW devices that are expelled from the cartridge when deployed.” However, when AFIDs are present, they are in the cartridges and not installed on the ECW devices, and not all ECWs contain AFIDs (think TASER 10, Ultron 2).
When providing security services, approval and regulatory recognition is key. Pacific West Academy is approved by a number of organizations. These include the Bureau for Private Postsecondary Education and the California State Approving Agency for Veterans Education. We also offer financial assistance for veterans who may wish to take our courses. Please contact us for more information on these programs if required.
If you have any questions or wish to go ahead and secure your place on our next course, then we’d be delighted to hear from you. Please do get in touch and begin your journey today.
• Confusing force policy and guidelines: In its ECW Concepts and Issues supporting paper, the IACP contradicts itself about ECW user force standards. “To protect the officer, subject, or others from a reasonable perceived threat of immediate physical harm” is somewhat accurate, but it falsely implies that an ECW can ONLY be used under these very limited circumstances and specifically contradicts the Model Policy language previously discussed [emphasis added]. This contradiction is not to be lightly dismissed because there is case law about such confusing policy language.
Hypothetically, in the first example, if an officer kicked a charging subject or struck the subject in the chest with an open hand to slow or stop forward movement while holding an ECW, the officer intentionally violated the Model Policy. How do you think a prosecutor and/or a plaintiff’s attorney could use these actions against the officer? The second example is a classic failure to define “close proximity to the firearm.” What is the meaning of “close proximity” and how do administrators define it, trainers teach it and agencies enforce it?