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Doc. #34 -- First Amended Complaint (Exh. 1)

Doc. #34 -- First Amended Complaint (Exh. 1)

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Published by: al_crespo on Aug 17, 2013
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Personnel Resource Management Departmental Order 6Chapter 18ELECTRONIC CONTROL DEVICES(Training Unit)
Section:18.1 Policy18.2 Organization18.3 Responsibility18.4 Procedures
18.1 POLICY:
It is the policy of the Miami Police Department to utilize the least forcenecessary when subduing or apprehending a subject. To that end, the ElectronicControl Device (E.C.D.) is a less than lethal alternative available to officers. The E.C.D.shall be utilized under the conditions set forth in this order.
 The Training Unit shall be responsible for the overallcoordination of all matters pertaining to the E.C.D.
It shall be the responsibility of the Training Unit to train andcertify all eligible officers on the proper techniques and use of the E.C.D. Additionally,the Training Unit shall be responsible for compiling and analyzing data from incidentsinvolving the use of the E.C.D. to identify training related needs and issues. The Internal Affairs Division shall review all reports concerning the use of the E.C.D. forcompliance to standards.It shall be the responsibility of the respective chains of command of officers issued theE.C.D. to ensure proper supervision, managerial controls, and compliance with thisorder.
18.4 PROCEDURES:18.4.1 Training and Qualification Procedures:
All eligible personnel who successfullycomplete the Department’s authorized training course and demonstrate the requiredproficiency in the use of the E.C.D. shall be certified to carry the E.C.D. All training andqualification for the E.C.D. shall be conducted by certified instructors. In-Service Training:
In order to maintain proficiency in the use of the E.C.D.,all officers certified to carry the weapon shall receive mandatory in-service training atleast annually.
18.4.2 Carrying the E.C.D.:
Certified officers shall carry the E.C.D. on their duty belts. The E.C.D. shall never be left unsecured.
18.4.3 Authorized Use of the E.C.D.:
The E.C.D. may only be utilized in an arrest or acustodial situation during which the person who is the subject of the arrest or custody
Case 1:12-cv-24077-MGC Document 34-1 Entered on FLSD Docket 02/20/2013 Page 1 of 4
Departmental Order 6Chapter 1811/08
escalates resistance to the officer from passive physical resistance to active physicalresistance and the person;(a) Has the apparent ability to physically threaten the officer or others; or(b) Is preparing or attempting to flee or escape.
Use of the E.C.D. may be appropriate in situations including, but not limited to,situations involving a violent combative subject, an emotionally disturbed person, aperson suffering from the symptoms of Excited Delirium or a subject under the influenceof a mind-altering drug.
 The E.C.D. may be utilized to defend against attack from a dangerous animal.If an animal is subdued with the E.C.D., Miami-Dade Animal Control shall be notified. The officer will then properly document the circumstances in the Response toResistance Report.
Current handcuffing policies shall apply to subjects taken into custody with theuse of the E.C.D.
18.4.4 Special Considerations for the Deployment of the E.C.D.:
Officers shall not discharge an E.C.D. when flammable gases or liquids areknown to be in close proximity to the subject.
Officers shall not discharge an E.C.D. when the elevated location of the subjectposes a real risk of serious injury or death to the subject from a fall. This includesproximity to deep water.
Officers shall not discharge an E.C.D. when the person:(a) is known to be or is obviously pregnant;(b) is known to be or physically appears to be younger than fourteen (14)years of age;(c) is known to be or is obviously elderly or infirm;unless deadly force is justified.
Officers shall not discharge an E.C.D. at a handcuffed prisoner(s), without theexpress authority of a supervisor or exigent circumstances (such as to prevent thesubject from seriously injuring himself or others).
Officers shall not discharge
an E.C.D. when the subject is in physical control of a motor vehicle while the engine is running.
Officers shall not discharge an E.C.D. when the subject is visibly confined to awheelchair except when necessary to prevent serious injury to the subject or anotherperson including the officer or unless deadly force is justified.
18.4.5 Warnings:
Prior to deploying the E.C.D., verbal warnings shall be issued to thesubject, whenever reasonable and practical, to allow the subject the opportunity tocomply with the officer’s commands.
Case 1:12-cv-24077-MGC Document 34-1 Entered on FLSD Docket 02/20/2013 Page 2 of 4
Departmental Order 6Chapter 1811/08
Prior to deploying the E.C.D., the deploying officer shall announce the word
to alert others of the impending use of the weapon.
The word
shall be announced by the deploying officer subsequent tothe use of the E.C.D. and prior to affecting the arrest, so as to alert others that theweapon is no longer being deployed. Once the E.C.D. is discharged, the deployingofficer must make an assessment in between cycles to determine if an alternativeintermediate weapon would be more viable. Officers must be mindful that when theE.C.D.’s trigger is pulled and immediately released, it discharges current for a 5-secondcycle.
18.4.7 Removal of Probes:
E.C.D. probes shall be removed as soon as possible.E.C.D. probes that are imbedded in a subject’s skin (as opposed to just clothing), shallonly be removed by Fire Rescue personnel, other medical personnel, or policepersonnel who are trained in the removal of the probes. Police personnel shall notremove E.C.D. probes that have struck a subject’s head, throat, groin or any othersensitive area. E.C.D. probes that have penetrated a person’s skin shall be considereda biological hazard and shall be handled with the appropriate care
.18.4.8 Reporting Requirements:
A supervisor shall be notified in all instances wherein the E.C.D. has beenutilized. The supervisor shall respond to the scene and conduct an inquiry into theincident. Said inquiry shall include, but not be limited to, a review of the evidence,interviews of witnesses, and an interview of the subject. The supervisor shall also notifya commanding officer of the incident and ensure that a Response to Resistance Reportand any other applicable reports are properly and accurately completed in a timelyfashion. The supervisor shall notify the Bridge and obtain a log number. The supervisorand respective chain of command shall review the incident for compliance to policy.
If three or more cycles are used on a subject, the lieutenant must send a red-line memorandum to the Deputy Chief, through channels, explaining the necessity forthe additional cycles.
Fire Rescue shall be requested to respond to all instances wherein the E.C.D.has been deployed and the subject is injured or complains of being injured. In thoseinstances, the requesting officer shall monitor the subject until Fire Rescue personnelhave arrived.
A Response to Resistance Report shall be completed on all E.C.D. incidents.Members must clearly articulate and justify each and every cycle in the Response toResistance Report in the event that more than one cycle is used on a subject.
Photographs shall be taken in all instances wherein a subject is injured orcomplains of being injured as a result of the use of the E.C.D. If there is no injury, it isdiscretionary.
All E.C.D. deployments or discharges, including test firings, shall be recordedin an E.C.D. log. A supervisor must sign the E.C.D. log verifying that the information
Case 1:12-cv-24077-MGC Document 34-1 Entered on FLSD Docket 02/20/2013 Page 3 of 4

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