This policy establishes procedures for the use of electronic immobilization devices (EID).
It is the policy of the Patterson Township Police Department to use the minimal force required to subdue and apprehend violators while protecting the safety of the public, the arresting officer, and the offender. The Department provides the electronic immobilization devices to its officers to defend themselves from aggressive or resistant persons while reducing the risk of receiving or inflicting injury. The EID systems may be utilized under the same circumstances in which an officer is authorized to use oleoresin capsicum spray.
A. 
The EID is a less lethal electronic control device that when used interrupts the neuromuscular impulses that travel through the body to control and direct voluntary muscle movements. This interruption causes strong muscle contractions and temporary incapacitation.
A. 
No employee shall carry the EID unless he or she has completed an authorized training session and unless the Chief of Police grants permission.
B. 
A training officer shall oversee an annual training session on EID proficiency and shall maintain a record of all personnel who have completed this training.
C. 
Any officer who does not demonstrate proficiency with the EID shall not be permitted to carry or use the EID until he or she has received remedial training and demonstrates proficiency with the EID.
A. 
EID.
(1) 
The EID is part of the officer's uniform and equipment and is subject to routine inspection.
(2) 
Officers shall carry the EID on the duty belt while on regular duty and extra-duty assignments in the manner prescribed in training.
(3) 
The EID shall only be carried in an approved holster on the side of the body opposite the service handgun.
(4) 
The EID shall be carried fully armed with safety on and in preparation for immediate use when authorized.
(5) 
Officers authorized to carry the EID shall carry one spare cartridge.
(6) 
Officers shall use the EID for authorized purposes only.
Use of an electronic immobilization device constitutes physical force under the Pennsylvania Crimes Code, Section 508 (Use of force in law enforcement).[1] The discharge of an electronic immobilization device is authorized when used in accordance with the Rules and Regulations of the Patterson Township Police Department, in particular, policies on use of force and use of electronic immobilization devices and applicable laws of the Commonwealth of Pennsylvania and the United States of America. Situations in which electronic immobilization devices may be authorized include, but are not limited to, the following:
A. 
EID.
(1) 
The EID is authorized for use in the following situations:
(a) 
An officer may use the EID to protect one's self, other officers and citizens from assault.
(b) 
To arrest a combative or resistant suspect.
(c) 
To break up fights or violent situations.
(d) 
To protect against violent animal attacks.
(2) 
The EID will primarily be deployed by the officer firing the cartridge and deploying the probes. The EID may be used in the press stun mode in the manner prescribed in training.
(3) 
Officers shall only use the EID on subjects who have violated a law or ordinance. If officers use the EID, they must arrest the subject.
(4) 
Officers shall not intentionally target the head, face, groin or female breasts of a subject nor intentionally aim the laser sight into the eyes of a subject.
(5) 
Upon firing the EID, the officer should secure the subject as soon as practical while he or she is disabled from the EID. Officers shall limit the number of energy cycles to the minimum necessary to achieve their lawful objective. Officers should be aware that a subject might not be able to respond to commands during or immediately following the delivery of an energy cycle.
[1]
Editor's Note: See 18 Pa.C.S.A. § 508.
A. 
Patterson Township forbids the discharge of an electronic immobilization device in any way that is deemed "excessive force." Officers shall not use the EID in the following situations or manners:
(1) 
On a passive person.
(2) 
In a punitive or coercive manner.
(3) 
Near flammable liquids, gases, fumes or other highly combustible materials.
(4) 
On a subject who has been exposed to oleoresin capsicum (OC or "pepper") or any type of other chemical agent because of the potential for combustion.
(5) 
On a subject who is in a location from where a fall may cause substantial injury or death.
(6) 
On a handcuffed subject in custody unless:
(a) 
Physical resistance must be overcome; or
(b) 
The subject is fleeing and cannot be stopped by other methods.
(7) 
On a subject in control of a motor vehicle, unless exigent circumstances exist.
(8) 
Only one electronic immobilization device will be activated on a person at a time.
(9) 
The EID is not to be discharged if it or its cartridge is submerged in water.
B. 
Certain individuals are more susceptible to injury. Officers shall avoid using electronic immobilization devices against known pregnant women, small children, elderly persons and visibly frail persons, unless exigent circumstances exist.
A. 
Following the EID being used to control an individual and take that person into custody, the officer shall remove the probes. Probe removal shall be consistent with the manner outlined in training and proficiency testing.
(1) 
The officer shall collect the deployed cartridge, wire leads and darts and enter them into evidence.
(2) 
The following grid shall be consulted to determine the appropriate probe removal procedure to be taken after a EID probe discharge:
EID Probes Successfully Discharged
Yes
No
1.
Did the probes penetrate the subject?
Go to Step 2
No further action
2.
Did the probes penetrate the subject's clothing only?
An officer trained in probe removal may immediately remove the probes and transport the subject to a hospital for a medical release.
Probes penetrated subject's body. Go to Step 3
3.
Did penetration of the probes:
a.
Render the person unconscious?
Request EMS unit.
Although the discharge resulted in Penetration, an officer trained in probe removal may immediately remove the probes if none of these conditions resulted. The subject shall then be transported to the hospital for a medical release
b.
Cause the person to exhibit signs of a serious medical condition?
Wait for EMS unit to arrive for probe removal
c.
Cause a secondary injury as a result of a fall.
Transport the subject to the hospital for treatment and/or release
d.
Cause penetration in sensitive tissue area (i.e. head, face, groin or female breasts)?
Go to Step 4.
Go to Step 4.
4.
Subject transported to hospital.
See Subsection A(3) below.
Transport subject to hospital for medical release
(3) 
In those circumstances when the probes are removed from the subject by means other than professional medical personnel, the subject will be transported to a medical facility for a medical release prior to being released from custody or prior to transferring custody to the jail, other law enforcement or any other detention or medical facility.
B. 
Probe removal from vital areas, i.e., the head, face, neck, groin and female breasts, shall only be accomplished by medical personnel.
C. 
Officers shall photograph the impact area and enter this picture into evidence.
D. 
After an electronic immobilization device has been used, the officer shall transport the subject to a medical facility and obtain a medical release.
E. 
If an officer observes any objective sign that the subject requires immediate medical treatment following exposure to an electronic immobilization device, either by contact stun or probes, an EMS unit shall be summoned to the scene immediately.
A. 
The deploying officer shall notify the Chief or Assistant Chief as soon as practical after using an electronic immobilization device.
B. 
The officer shall complete the appropriate report documenting the incident and a use of force report.
C. 
The deployed EID shall be turned over to the Chief or Assistant Chief.
D. 
The Chief or Assistant Chief shall download the data from the deployed EID.
E. 
If an officer accidentally discharges the EID, outside of training, he shall notify the Chief or Assistant Chief and the incident shall be documented.