5-309 - Force Option - Conducted Energy Weapons (CEW)

The purpose of this policy is to establish guidelines for deployment of conducted energy weapons (CEWs) and to ensure that members who carry weapons and force devices, and who use weapons and force devices, including CEWs, adhere to the force guiding principles described in P&P 5-301. The force guiding principles include, but are not limited to, the Sanctity of Life (as incorporated below), the Duty to De-escalate, and Objectively Reasonable, Necessary, and Proportional Force.

MPD and its members shall uphold the sanctity of life (P&P 0-102 and P&P 5-301) by striving to protect and preserve human life in all situations and keep the community and MPD members safe from harm.

CEW as an Intermediate Weapon

The MPD approved Conducted Energy Weapon (CEW) is an intermediate weapon, but can result in great bodily harm or death depending on how members use the CEW, situational factors, vulnerability of the person, duration of exposure, the area of impact on the person’s body, etc.

Conditions for Use

CEWs may only be used on a person in accordance with the factors and requirements described below. In addition to the conditions in this policy, the use of CEWs must be objectively reasonable, necessary, and proportional, and members shall use the lowest degree of force necessary (P&P 5-301). When using CEWs members must apply the critical decision-making model (CDM) (P&P 7-801) to continually assess the situation and modulate their use accordingly as the subject behavior changes.

Use on a person who is not fleeing

Members shall only deploy a CEW at a person who is not fleeing when both of the following conditions apply:

1. There is probable cause for arrest or reasonable suspicion for detention.

and

2. Such force is necessary to protect the member, the fleeing person, or another person from objectively imminent physical harm.

Use on a fleeing person

Members should be aware that deploying a CEW at a person who is fleeing may result in serious physical injury, depending on the surface and surrounding environment. Therefore, the following conditions apply:

1. Flight shall never be the sole reason for members to deploy a CEW at a person.
2. Members shall only deploy a CEW at a person who is fleeing when either:

1. The member has probable cause to believe the person has committed one of the following serious or violent felonies or violent misdemeanors:

Violent crimes, including crimes such as:

• Any assault (including domestic assault).
• The attempt or act of murder.
• Violent sex crimes.
• Robbery.
• Arson.
• Kidnapping.
• Carjacking.
• Felony firearm discharges.
• Firearm pointing in violation of MN Statute section 609.66 Dangerous Weapons.
• 1st degree burglary.

And these specific non-violent felonies:

• Auto theft (not including theft from motor vehicle).
• 2nd and 3rd degree burglary.

or

2. Such force is necessary to protect the member, the fleeing person, or another person from objectively imminent physical harm.

Consider vulnerable people

Members must consider the possible heightened risk of injury and adverse societal reaction to the use of CEWs upon certain people.

1. Except where deadly force is the only other option, members shall not deploy a CEW at or re-energize a CEW on a person when a reasonable officer would know that the person is:

• Pregnant.
• Elderly.
• A small minor.
• An infirm or visibly frail person, or person with a very thin stature or low body mass (i.e., may have thin chest walls).

2. Members must be able to articulate a correspondingly heightened justification when they deploy a CEW at or re-energize a CEW on a person when a reasonable officer would know the person is:

• Any minor (under the age of 18).

• A person in crisis (P&P 7-803).

3. Members shall not deploy a CEW at or re-energize a CEW on a person solely because they are exhibiting signs of a crisis (P&P 7-803). The other conditions in this policy must apply.
4. In accordance with the requirement that the use of CEWs must be objectively reasonable, necessary, and proportional, members shall only use a CEW on a minor when no reasonably effective alternative exists, meaning lower degrees of force or alternatives to force such as de-escalation techniques and tactics did not work, would not work, were not feasible or were too unsafe to attempt.

Situational factors

Except where deadly force is the only other option, members shall not deploy a CEW at or re-energize a CEW on a person in situations when it is reasonably evident that activation may cause serious physical injury. Such situations include, but are not limited to:

• On a person in an elevated position who might be at risk of falling from a significant height, onto a sharp object, or onto a dangerous surface.
• On a person who may fall from a vehicle in motion.
• On a person who is in physical control of a vehicle in motion.
• On a person who might be in danger of drowning.
• In an environment in which combustible vapors and liquids or other flammable substances are present.
• On a person who has been exposed to chemical aerosols or chemical munitions.
• On a person who has been exposed to flammable material, such as gasoline or an alcohol-based pepper spray.
• In similar situations involving heightened risk of serious injury or death to the person.

People in restraints

1. Members shall not deploy a CEW at or re-energize a CEW on any person who is handcuffed or otherwise restrained, unless the person presents an imminent physical threat to the safety of the member, the person themself, or others.

2. Prior to deploying a CEW at or re-energizing a CEW on a restrained person, members must first attempt to exercise additional control over the person using empty hand techniques other than strikes (P&P 5-306), when feasible.
3. Members shall only deploy a CEW at or re-energize a CEW on a restrained person once all feasible empty hand techniques other than strikes (P&P 5-306) have been attempted by the member, and if the imminent threat of physical harm persists.

Drive-stun mode is prohibited

The CEW model authorized and issued by the Department does not come equipped with a drive-stun mode, and using a drive-stun mode is prohibited.

Tactics and Requirements When Using a CEW

Warnings and announcements

In addition to the requirements in “Identify Self and Warn of Intent” in P&P 5-301:

1. Whenever feasible, members who deploy a CEW should attempt to yell "taser, taser, taser!" prior to or during the deployment.

2. In situations that a member reasonably believes may result in the authorized use of a CEW, the member should consider using the CEW warning alert or laser painting (a form of pointing a CEW also sometimes called “red dotting”), which may be effective at diffusing a situation prior to actual deployment.

Targeting the CEW

When they deploy a CEW, members shall target the person’s back or lower center mass. The CEW shall not be intentionally targeted at the person’s head, neck, chest or groin.

Cycles and deployment of additional probes

Initial deployment

Each trigger pull deploys a single probe. A minimum of two deployed probes are required to make a connection. The second probe should be deployed as quickly and accurately as possible to ensure a full-circuit connection. The initial deployment of two probes is considered a single use of force.

Additional probes

Each deployment beyond the initial two probes is a separate use of force that members must separately justify as objectively reasonable, necessary, and proportional. Additional probes may be deployed when the conditions for use still apply, and:

• The probes have not completed a circuit.
• The probes have completed a circuit, but the circuit is not resulting in a sufficient change in the person’s behavior. For example, the position of the probes results only in localized pain and the subject behavior continues.
• A previously completed circuit fails.

Re-energizing

After the conclusion of a cycle where neuro-muscular incapacitation has been achieved, the member shall assess the person to determine if an additional cycle is necessary based on the person’s behavior. Re-energizing the CEW is a separate use of force that members must separately justify as objectively reasonable, necessary, and proportional.

1. In determining whether any additional cycle is objectively reasonable, members shall consider whether the person has the ability to comply and has been given a reasonable opportunity to comply prior to re-energizing the CEW.

2. If subsequent cycles are necessary, members shall restrict the number and duration to only the minimum amount necessary to place the person into custody or safely control the situation, and subject to the limits stated below in [II-C-3-d].

Three complete cycles or 15-second limit

Members shall not energize a CEW on a person for more than three complete cycles or 15 total seconds during a single incident unless deadly force is authorized, and no other non-deadly force option is feasible.

If deadly force is not authorized and members have energized a CEW on a person for three complete cycles or 15 total seconds and the person continues to present the same subject behavior, members shall not continue with the CEW and shall transition to other control options.

Quickly control during the cycle

Members should consider attempting to control (and disarm when applicable) the person during the CEW cycle, when feasible. By controlling the person during the cycle, members can minimize the likelihood that the subject behavior continues, reducing the need for additional cycles.

Only one member deploys at a time

Only one member shall intentionally deploy a CEW at or re-energize a CEW on a person at the same time.

Holstering on weak side

The CEW shall be holstered on the member’s weak (support) side, on the member’s belt or vest, to avoid the accidental drawing or firing of their firearm.

Function Test Required

All members who have been issued a CEW shall conduct a function test at the start of any shift in a uniformed capacity. Any damage or issues with operability shall be reported to the member’s supervisor and to the MPD Training Division immediately upon discovery.

Loss or Damage

Lost, damaged or inoperative CEWs shall be reported to the member’s supervisor and to the MPD Training Division immediately upon the discovery of the loss, damage or inoperative condition.

Uploading and Inventorying

CEW uploading guidelines

1. Whenever the CEW is armed during an incident, the member shall dock the CEW battery prior to the end of their shift, so the device log and audit trail can be uploaded (arming a CEW begins entries in the device log).

2. In a critical incident, CEWs will be managed by the investigating agency.

Inventorying cartridges

Members shall inventory the deployed cartridges and probes (P&P 10-400).

Treatment and Medical Aid

In addition to standard medical treatment after uses of force (in accordance with P&P 5-301 and P&P 7-350), post exposure treatment for a person that has been struck by CEW probes shall include the following:

Probe removal

1. Members may remove CEW probes only if all the following conditions are met, otherwise the probes shall be removed by appropriate medical personnel:

• The member has received training on at least an annual basis on the medical implications of CEW use, mechanisms to remove probes with limited pain, and infection control.
• The probes are not embedded in a sensitive area (face, neck, groin or breast area).
• The member has assessed the person and determined that there are no indications of lasting effects from the CEW use.
• The member is wearing protective gloves and has adequate medical equipment including bandages and alcohol wipes.
• The probes are removed in the presence of a second member.

2. If removing probes, members shall secure the probes (biohazard “sharps”) point down into the expended cartridge and seal with a safety cover.

Inspect application sites

1. When appropriate, members shall visually inspect probe entry sites for signs of injury.

2. When appropriate, members shall photograph probe entry sites.

Monitor the person

Members shall keep the person under close observation until they are released to medical or other law enforcement personnel and shall inform medical personnel of the CEW use.

Training and Certification Required

Members shall only be issued, carry and use CEWs if they have successfully completed approved annual training on CEWs, including a testing component, and are currently certified.

Specifications for CEWs

1. Members shall carry a CEW (if issued) while working in a uniform capacity.
2. Members are only authorized to carry CEWs that are issued by the Department. Personally owned CEWs and those issued by another agency are not authorized to be carried or utilized while a member is acting in their official MPD capacity.
3. The approved CEW issued by MPD is:

• Axon TASER 10.

This model is not equipped with a drive-stun mode.

• Arming a CEW: Moving the selector switch on the CEW up to the "on" position, which activates the CID, laser and illumination, and begins entries in the device logs.
• Bodily Harm: Physical pain or injury, illness, or any impairment of physical condition.
• Carry Weapons and Force Devices: Having a weapon or force device on one's person. This includes having it in a pocket, holster, or backpack or similar container, as well as having it slung or having it in hand.
• CEW: An intermediate weapon ("Conducted Energy Weapon") that is designed to temporarily incapacitate a person from a distance, using an electrical current for neuromuscular incapacitation.
• CEW Warning Alert: Un-holstering the CEW and activating the alert for purposes of threatening its use prior to actual deployment. The warning alert is intended to be an effort to gain compliance without deploying probes.
• Chemical Aerosol: Aerosol, hand-held, pressurized, containerized chemical aerosol agents that emit a stream or vapor. (P&P 5-308)
• Chemical Munition: Munitions designed to deliver chemical munition agents from a launcher or be propelled by hand. (P&P 5-313)
• Conducted Energy Weapon: An intermediate weapon ("CEW") that is designed to temporarily incapacitate a person from a distance, using an electrical current for neuromuscular incapacitation.
• Crisis: An event or situation where a person's safety and health may be threatened by behavioral health challenges, to include mental health conditions, intellectual or developmental disabilities, substance use, or overwhelming stressors. A crisis can involve a person's perception or experience of an event or situation as an intolerable difficulty that exceeds the person's current resources and coping mechanisms and may include unusual stress in their life that renders the person unable to function as they normally would.
• Critical Decision-Making Model: A tool that allows members to organize situational factors and inform their decisions as they respond to police incidents of all degrees of complexity. All sworn members are trained in using the critical decision-making model (CDM). (P&P 7-801)
• Critical Incident:

  An incident involving any of the following situations occurring in the line of duty:

  • The use of Deadly Force by or against a Minneapolis Police Officer
  • Death or Great Bodily Harm to an officer
  • Death or Great Bodily Harm to a person who is in the custody or control of an officer
  • Any action by an officer that causes or is intended to cause Death or Great Bodily Harm
• Dangerous Weapon: Any gun, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm.
• Deadly Force: "Force which the actor uses with the purpose of causing, or which the actor should reasonably know creates a substantial risk of causing death or great bodily harm. The intentional discharge of a firearm other than a firearm loaded with less-lethal munitions and used by a peace officer within the scope of official duties, in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force." (MN Statute section 609.066)
• De-escalation: Techniques and tactics to reduce the intensity of a situation. These strategies serve to increase the likelihood of voluntary compliance, minimize the need to use force, and uphold the sanctity of life by enabling members to resolve situations without the use of force or with the lowest degree of force necessary. (P&P 7-802)
• Deploy a CEW: Using the trigger on the CEW, resulting in the ejection of probes.
• Empty Hand Technique:

  Force that employs the member's own body as the mechanism of force (also called bodily force). Empty hand techniques do not include the use of an intermediate or improvised weapon. (P&P 5-306) Empty hand techniques include the following:

  1. Body Weight to Pin: Using body weight to pin a person to the ground or floor, or to a fixed object while the person is lying down.
  2. Control Pressure: Pressing a person into a fixed object, while the person is not lying down (such as applying pressure while the person is against a vehicle or building).
  3. Control or Escort Hold: Temporary holding of part of the person's body, such as the hand, wrist, arm or shoulder, to physically control or direct the person.
  4. Joint Manipulation: Forcefully controlling a person's joint to limit or direct movement. This also includes locks such as wristlocks, armbars, shoulder locks, joint locks, etc.
  5. Pressure Point Compliance: Directed touch pressure that is delivered to gain compliance and may result in brief transitory pain.
  6. Shove: A forceful or severe push, intended to suddenly displace the person or disrupt their balance. Shove does not involve the deliberate blow of a strike.
  7. Takedown: Bodily force used by the member that compels a standing or seated person to the ground or floor, or forceful actions that result in the person ending up on the ground or floor (whether intentional or unintentional).
     1. Two-officer or single-officer takedown.
     2. A push, pull or shove (including baton pushes and baton shoves) that results in the person ending up on the ground or floor.
     3. A vehicle extraction that ends on the ground or floor.
     4. Tackling the person.
     5. A leg sweep.
  8. Touch Contact: Gentle or moderate force applied to a person who offers minimal or no resistance. Touch is intended to create space, guide or move someone, but is not forceful.
  9. Weaponless Strike: A deliberate hit or blow intended to cause injury or pain. Strikes are more aggressive and are intended to achieve pain compliance or incapacitate the person. Strikes can involve a kick, punch, slap, knee, or any similar action.
• Energize a CEW: Cycling the electricity through successfully deployed probes or through re-energizing probes that have already been deployed.
• Energizing the CEW: Cycling the electricity through successfully deployed probes or through re-energizing probes that have already been deployed.
• Feasible: Objectively reasonably capable of being safely done or carried out.
• Firearms/Ammunition/Firearm Accessories: A device that projects either single or multiple projectiles at high velocity. Ammunition is a term meaning the assembly of a projectile and its propellant. Accessories include but are not limited to holsters, gun cases, firearm optics, suppression devices, cleaning supplies, etc.
• Fleeing: An effort by the person to avoid arrest or capture through actions such as running, biking or driving away.
• Great Bodily Harm: Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily harm (MN Statute section 609.02 Subd. 8).
• Imminent Threat:

  A threat is imminent when all of the following apply:

  • It can be articulated with specificity.
  • It is reasonably likely to occur absent action by the law enforcement officer.
  • It must be addressed through the use of objectively reasonable, necessary, and proportional force without unreasonable delay.

  A fear of future harm is only an imminent threat if it must be addressed without unreasonable delay, no matter how great the fear or likelihood of harm.

• Intermediate Weapon: Weapons that are not intended to cause death or serious physical injury and are not empty hand techniques. These include CEWs, chemical aerosols, chemical munitions, impact projectiles, and batons.
• Laser Painting: Un-holstering and pointing a CEW at a person and activating the laser aiming device. In some cases, this may be effective at gaining compliance without having to actually deploy probes. Also known as "red dotting".
• Munitions: Types

  Chemical Agent Munitions: Munitions designed to deliver chemical agents from a launcher or be propelled by hand.

  Less-Lethal Impact Munitions: Impact munitions which can be fired, launched, or otherwise propelled.

  Direct Fired Munitions: Less-lethal impact munitions that are designed to be direct fired at a specific target.

  Indirect-Fired Munitions: Less-lethal non-direct impact munitions that are discharged toward a surface in front of a target, intended to impact the subject following contact with the surface.

• Objectively Imminent Physical Harm:

  Aggressively Resisting or Assaultive:

  The person displays the intent to imminently harm the member, themselves or another person.

  • Taking a fighting stance (such as clenching and raising fists into a boxer pose or a substantially similar action).
  • Punching, kicking, or otherwise striking.

  Aggravated Aggressive Resistance or Aggravated Assault:

  The person displays the intent to imminently harm the member, themselves or another person, and the person’s actions are likely to result in great bodily harm or death.

  • Use of a firearm.
  • Use of a blunt or bladed weapon.
  • Extreme physical force.
• Person in Crisis: The nature code, which stands for "person in crisis," for a call involving a person experiencing a crisis event or situation (as defined in P&P 7-803).
• Pointing a CEW: Directing a CEW towards a person, with the intent to use or imply the use of the weapon.
• Probable Cause: Having reasonable grounds for supporting the requested Court order, to include: search warrants, arrests or other legal process. Probable cause is required by the Fourth Amendment. Officers must have an objectively reasonable basis for believing that a crime may have been committed or that there is evidence of the crime present in the place to be searched.
• Subject Behavior:

  Subject Behavior: The actions, language, demeanor and conduct exhibited by a person. The behaviors are used to categorize and assess the degree of cooperation, resistance, or threat posed by the person.

  Complying with Orders: The person is following direction or lawful orders given.

  Passively Resisting: The person is not complying with a member’s commands and is uncooperative but is taking only minimal action to prevent a member from placing the person in custody or taking control of the situation. Examples include:

  • Standing stationary and not moving upon lawful direction.
  • Falling limply and refusing to use their power to move (becoming "dead weight").
  • Verbal non-compliance: Using language that signals an intention to avoid or prevent being taken into custody but does not signal an intent to cause physical harm.

  Actively Resisting: The person’s actions are intended to prevent a member from placing the person in custody or taking control of the situation but are not directed at harming the member. A person’s reaction to pain caused by a member, and a person’s purely defensive reactions to force, do not constitute active resistance. Oral statements alone do not constitute active resistance. Examples include:
  • Walking or running away after being informed they are not free to leave, are detained, or are under arrest.
  • Forcefully resisting the member’s grip.
  • Holding onto a fixed object after being given a lawful command to move or let go, in a situation other than a protest or demonstration (P&P 7-805).
  Objectively Imminent Physical Harm:
  Aggressively Resisting or Assaultive: The person displays the intent to imminently harm the member, themselves or another person. Examples include:
  • Taking a fighting stance (such as clenching and raising fists into a boxer pose or a substantially similar action).
  • Punching, kicking, or otherwise striking.
  Aggravated Aggressive Resistance or Aggravated Assault: The person displays the intent to imminently harm the member, themselves or another person, and the person’s actions are likely to result in great bodily harm or death. Examples include:
  • Use of a firearm.
  • Use of a blunt or bladed weapon.
  • Extreme physical force.

• Use of Force:

  An intentional contact, directly or indirectly (such as through a weapon or force device), with someone’s body, that causes pain or injury or restricts, controls or directs someone’s movement. Intentionally placing someone in fear of such contact or threatening such contact can also constitute force. This includes, but is not limited to:

  • The use of any weapon, substance, vehicle, equipment, tool, device or animal that inflicts pain or produces injury.
  • Any physical strike to any part of the body.
  • Any physical contact or threat of contact by the member or a weapon that causes or threatens to cause pain or injury.
  • Any physical contact or threat of physical contact by the member that results in physical restriction or manipulation of movement.
  • Unholstering or displaying a weapon when engaged with a subject or subjects, or pointing a weapon at a person.
• Use Weapons and Force Devices: Activating or applying a weapon's or force device's mechanical functions, pointing a weapon, or making contact with a person with the weapon or force device. This includes discharging a weapon such as a firearm, chemical aerosol, or impact projectile launcher, deploying a CEW, performing a CEW warning alert, activating a CEW, laser painting a person, applying handcuffs or restraints, and making bodily contact with a person with a baton or other impact weapon.
• Using Empty Hand Technique: Using force that employs the member's own body as the mechanism of force (also called bodily force).