First and foremost, an ECW should only be used against subjects who are actively resisting in a manner that, in the officer’s judgment, is likely to result in injuries to themselves or others.

What does that mean?  Simply put, it means that an ECW is not the appropriate tool against the suspect who is passively resisting or who may simply be questioning the officer’s actions.  ACTIVELY RESISTING is defined as those situations where:

As we all know, when an ECW is activated it emits AFID tags.  As part of the post-force process, the officer needs to collect at least two of the AFIDs, along with the probes, wire leads, and cartridge. These items need to be properly bagged and tagged and placed in evidence.

If the ECW is to be deployed against an actively resisting suspect, several actions need to be taken by the deploying officer.  First, give the subject time to comply with your verbal commands when it is safe to do so.  This serves a dual purpose – if the subject complies, it negates the need to deploy the ECW and it provides notice to other officers that the TASER may be deployed.  You should also make an announcement that you plan to deploy the ECW such as “TASER – TASER”.  After deployment, the suspect should be handcuffed and brought under control as soon as possible.  Quick control of the suspect reduces the need for multiple ECW applications.

Next, the ECW needs to be turned in to the supervisor to download the ECW statistics and any video, if applicable.  This information also needs to be secured and included with the case.

We all understand that our use of force practices are being examined under the microscope of public scrutiny.  Now, more than ever, we should expect that any action we take will not only be reviewed, but most likely caught on someone’s cell phone camera. While I challenge any of you to show me any use of force that “looks good” there are important factors we must remember in our applications of non- deadly force.

How and where the probes are located may require the attention of an EMT for removal.  However, if the probes have disengaged or are superficially attached to the skin they can be removed.

Within the Daigle Law Group Policy Center policies concerning non-deadly force, we break down each non-deadly force option into its own directive.  Each non-deadly force option comes with its own set of conditions, needs for medical attention, and report writing requirements.  Let’s look at a few of the operational considerations and constitutional concerns that come with the use of Electronic Control Weapons.

We will review the important steps to be completed after a use of force incident, including report writing and providing medical treatment, in a future episode, but there are some ECW- specific steps that need to be taken after the ECW has been used – notably, removal of the probes, collection of the ECW evidence, and downloading the ECW statistics.

We have all seen the videos where the subject is TASED for simply questioning the officer’s authority.  This is not an appropriate use of the ECW.  We cannot forget that an officer’s ability to talk to subjects and gain compliance through verbal commands is still our best “weapon”.

A subject makes physically evasive movements to interfere with an officer’s attempt to control that subject.  Evasive movements include, but are limited to, bracing, tensing, pulling away, or pushing.

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So, we talked about the fact that the ECW will only be used in those circumstances where the subject is actively resisting.  What about those circumstances where the use of the ECW is prohibited?

Today we hit the high points on your department directive concerning the use of ECW’s.  Please review the directive to reacquaint yourself with the Department directive concerning this important tool.  When used correctly and in the right circumstances an ECW can limit injury to the suspect and you, the officer.

The purpose of the ECW is to gain compliance – NOT to be used as a torture device. It is important to remember that your use of the ECW will be reviewed and improper use of this important tool can expose you to administrative and criminal liability.

In those circumstances where multiple applications of the ECW are required officers need to be able to articulate and document the following important elements: