Case 1:12-cv-24077-MGC Document 34-1 Entered on FLSD Docket 02/20/2013 Page 1 of 4

Personnel Resource Management

Departmental Order 6 Chapter 18

ELECTRONIC CONTROL DEVICES (Training Unit)

Section: 18.1 18.2 18.3 18.4 Policy Organization Responsibility Procedures

18.1 POLICY: It is the policy of the Miami Police Department to utilize the least force necessary when subduing or apprehending a subject. To that end, the Electronic Control 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. 18.2 ORGANIZATION: The Training Unit shall be responsible for the overall coordination of all matters pertaining to the E.C.D. 18.3 RESPONSIBILITY: It shall be the responsibility of the Training Unit to train and certify 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 incidents involving 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. for compliance to standards. It shall be the responsibility of the respective chains of command of officers issued the E.C.D. to ensure proper supervision, managerial controls, and compliance with this order. 18.4 PROCEDURES: 18.4.1 Training and Qualification Procedures: All eligible personnel who successfully complete the Department’s authorized training course and demonstrate the required proficiency in the use of the E.C.D. shall be certified to carry the E.C.D. All training and qualification for the E.C.D. shall be conducted by certified instructors. 18.4.1.1 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 at least 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 a custodial situation during which the person who is the subject of the arrest or custody

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Departmental Order 6 Chapter 18

escalates resistance to the officer from passive physical resistance to active physical resistance 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. 18.4.3.1 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, a person suffering from the symptoms of Excited Delirium or a subject under the influence of a mind-altering drug. 18.4.3.2 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 to Resistance Report. 18.4.3.3 Current handcuffing policies shall apply to subjects taken into custody with the use of the E.C.D. 18.4.4 Special Considerations for the Deployment of the E.C.D.: 18.4.4.1 Officers shall not discharge an E.C.D. when flammable gases or liquids are known to be in close proximity to the subject. 18.4.4.2 Officers shall not discharge an E.C.D. when the elevated location of the subject poses a real risk of serious injury or death to the subject from a fall. This includes proximity to deep water. 18.4.4.3 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. 18.4.4.4 Officers shall not discharge an E.C.D. at a handcuffed prisoner(s), without the express authority of a supervisor or exigent circumstances (such as to prevent the subject from seriously injuring himself or others). 18.4.4.5 Officers shall not discharge an E.C.D. when the subject is in physical control of a motor vehicle while the engine is running. 18.4.4.6 Officers shall not discharge an E.C.D. when the subject is visibly confined to a wheelchair except when necessary to prevent serious injury to the subject or another person 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 the subject, whenever reasonable and practical, to allow the subject the opportunity to comply with the officer’s commands.

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Departmental Order 6 Chapter 18

18.4.6 Announcements: 18.4.6.1 Prior to deploying the E.C.D., the deploying officer shall announce the word “Taser” to alert others of the impending use of the weapon. 18.4.6.2 The word “Clear” shall be announced by the deploying officer subsequent to the use of the E.C.D. and prior to affecting the arrest, so as to alert others that the weapon is no longer being deployed. Once the E.C.D. is discharged, the deploying officer must make an assessment in between cycles to determine if an alternative intermediate weapon would be more viable. Officers must be mindful that when the E.C.D.’s trigger is pulled and immediately released, it discharges current for a 5-second cycle. 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), shall only be removed by Fire Rescue personnel, other medical personnel, or police personnel who are trained in the removal of the probes. Police personnel shall not remove E.C.D. probes that have struck a subject’s head, throat, groin or any other sensitive area. E.C.D. probes that have penetrated a person’s skin shall be considered a biological hazard and shall be handled with the appropriate care. 18.4.8 Reporting Requirements: 18.4.8.1 A supervisor shall be notified in all instances wherein the E.C.D. has been utilized. The supervisor shall respond to the scene and conduct an inquiry into the incident. 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 notify a commanding officer of the incident and ensure that a Response to Resistance Report and any other applicable reports are properly and accurately completed in a timely fashion. The supervisor shall notify the Bridge and obtain a log number. The supervisor and respective chain of command shall review the incident for compliance to policy. 18.4.8.1.1 If three or more cycles are used on a subject, the lieutenant must send a redline memorandum to the Deputy Chief, through channels, explaining the necessity for the additional cycles. 18.4.8.2 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 those instances, the requesting officer shall monitor the subject until Fire Rescue personnel have arrived. 18.4.8.3 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 to Resistance Report in the event that more than one cycle is used on a subject. 18.4.8.4 Photographs shall be taken in all instances wherein a subject is injured or complains of being injured as a result of the use of the E.C.D. If there is no injury, it is discretionary. 18.4.8.5 All E.C.D. deployments or discharges, including test firings, shall be recorded in an E.C.D. log. A supervisor must sign the E.C.D. log verifying that the information

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Departmental Order 6 Chapter 18

contained therein is accurate. required.

The presence of a supervisor during testing is not

18.4.8.6 Expended E.C.D. cartridges shall be submitted to the Property Unit as evidence. The officer shall then be provided with a replacement cartridge after showing the property clerk a completed Response to Resistance Report signed by a supervisor. 18.4.9 E.C.D. Report Routing: Originals of the E.C.D. report shall be forwarded, through channels, to the Internal Affairs Division. The supervisor must ensure that all supporting documents are attached to the report as a package. Copies shall be forwarded to the Training Unit, the deploying officer’s unit, and to the City’s Risk Management Department (only in instances wherein the subject is hospitalized). 18.4.10 Inspection: Supervisors shall, on a quarterly basis, inspect their officers E.C.D. dataport and log to determine if there have been any discharges since the previous inspection. Any undocumented discharges shall require the officer to prepare a redline memorandum, through channels, to the Internal Affairs Division explaining the circumstances surrounding the discharge. The Internal Affairs Division shall maintain and store the appropriate equipment for determining the number of discharges from a specific E.C.D. 18.4.11 Alternative Deployment Method: The E.C.D. direct contact stun method may be utilized as an alternative deployment method, under the following conditions: when both probes fail to make contact with the subject and its effectiveness is reduced or the regular deployment method is either not possible nor likely to be effective. 18.4.12 Holsters: Only holsters approved by the Training Unit will be utilized. 18.4.13 Maintenance and Care: Personnel issued the E.C.D. shall be responsible for the proper maintenance and care of the weapon. This shall include periodically checking battery life and expiration date of air cartridges, wiping away dirt and dust, and insuring the rubber stopper is secured on the data port.

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