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194 Cards in this Set
- Front
- Back
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For example, a conducted energy device 1-___ be used against a person who is only 2-___ law enforcement commands.
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1-may not
2-passively resisting |
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Rather, this weapon may only be fired against a person when necessary to prevent the targeted person from 1-___ or 2-____ to him/herself, an officer, or another person, or to prevent the escape of a person for whom there is probable cause to arrest for a crime in which the suspect caused or attempted to cause death or serious bodily injury.
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1-causing death or
2-serious bodily injury |
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Rather, this weapon may only be fired against a person when necessary to prevent the targeted person from causing death or serious bodily injury to 3-___, an officer, or 4-___, or to prevent the escape of a person for whom there is probable cause to arrest for a crime in which the suspect caused or attempted to cause death or serious bodily injury.
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3-him/herself
4-another person |
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Rather, this weapon may only be fired against a person when necessary to prevent the targeted person from causing death or serious bodily injury to him/herself, an officer, or another person, or to prevent the 5-___ of a person for whom there is 6-___ to arrest for a crime in which the suspect caused or attempted to cause death or serious bodily injury.
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5-escape
6-probable cause |
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Aside from establishing strict 1-___for when a law enforcement officer is author ized to fire or discharge a CED,
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1-substantive standards
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the attached revised policy continues to impose strict procedural safeguards, including a requirement that a 1-___ be made of 2-___ where the device is discharged.
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1-digital video recording
2-every instance |
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Furthermore, the revised policy continues to require police departments to conduct 1-___ of a conducted energy device.
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1-a prompt, thorough investigation after every discharge
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The findings of these investigations must be reviewed by the 1-___, and then forwarded to me.
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1-County Prosecutor
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Under the following revised supplemental policy, 1-____, are considered to be a form of “enhanced” mechanical force.
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1-conducted energy devices, like less-lethal ammunition
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PTQ
$ Under the following revised supplemental policy, conducted energy devices, like less-lethal ammunition, are considered to be a form of “1-_____. |
1-enhanced” mechanical force
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HL
The term “1-___” is defined in Section III of this policy. These weapons fall under the broader category of “stun guns,” as that term is defined in the New Jersey Code of Criminal Justice. |
1-conducted energy device
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The term “conducted energy device” is defined in Section III of this policy. These weapons fall under the broader category of 2-____ as that term is defined in the New Jersey Code of Criminal Justice.
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2-“stun guns,”
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HL
Specifically, N.J.S. 2C:39-1(t) provides that the term 1-___ “any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person.” |
1-stun gun means
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HL
Pursuant to N.J.S. 2C:39-3(h), any person who1-___ has in his possession any stun gun is guilty of a crime of the 2-___. |
1-knowingly
2-fourth degree |
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HL
N.J.S. 2C:39-3(g)(1) further provides in pertinent part that, “[n]othing in subsection h. (generally prohibiting the knowing possession of stun guns) shall apply to any law enforcement officer 1-___ from the provisions of that subsection by the Attorney General.” |
1-who is exempted
This supplemental policy shall constitute exemption from the provision of NJS 2c:39-3(h) for any law enforcement officer authorized pursuant to this policy to deploy or use a conducted energy device during an actual law enforcement operation |
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1 It is the general policy of the State of New Jersey that law enforcement officers should only use the 1-___ that 2-___ necessary given the facts and circumstances perceived by the officer at the time force is used.
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1-degree or intensity of force
2-reasonably appears |
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The 1-___ must be judged from the perspective of a 2-____ officer on the scene at the time of the incident.
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1-reasonableness of force
2-reasonable law enforcement |
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The Attorney General’s Use of Force Policy (rev. 2000) formally recognizes five distinct types of force: 1-___, 2-___, 3-____, mechanical force, and deadly force.
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1-constructive authority
2-physical contact 3-physical force |
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TQ
The Attorney General’s Use of Force Policy (rev. 2000) formally recognizes five distinct types of force: constructive authority, physical contact, physical force, 4-___, and 5-___. |
4-mechanical force
5-deadly force |
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TQ
The Attorney General’s supplemental policy on less lethal ammunition (2008) essentially established a distinct level of force, known as 1-____, which is “an intermediate force option between mechanical force and deadly force, requiring a greater level of justification than that pertaining to physical or mechanical force, but a lower level of justification than that required for the use of deadly force.” |
1-enhanced mechanical force
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is “1-___ between 2-___, requiring a greater level of justification than that pertaining to physical or mechanical force, but a lower level of justification than that required for the use of deadly force.”
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1-an intermediate force option
2-mechanical force and deadly force |
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is “an intermediate force option between mechanical force and deadly force, requiring a 3-___ of justification than that pertaining to physical or mechanical force, 4-___ level of justification than that required for the use of deadly force.”
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3-greater level
4-but a lower |
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2 The Attorney General’s Use of Force Policy (rev. 2000) provides that deadly force may only be used when an officer reasonably believes that such force is 1-___ necessary to protect an officer or another person from 2-___ danger of death or serious bodily injury.
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1-immediately
2-imminent |
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(Emphasis added to highlight one of the key distinctions between the standard for using deadly force and the standard for using enhanced mechanical force, such as less-lethal ammunition. The latter type of force 1-___ require that the threat of death or serious bodily injury be 2-___.)
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1-does not
2-imminent or immediate |
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Deadly force 1-___ be used against persons whose conduct is injurious only to 2-___. (This restriction also distinguishes the standard for using deadly force from the standard for using less-lethal ammunition, which may be used to prevent a person from killing or seriously injuring him/herself.)
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1-may not
2-themselves |
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Deadly force may not be used against persons whose conduct is injurious only to themselves. (This restriction also distinguishes the standard for using deadly force from the standard for using less-lethal ammunition, which 3-___ to prevent a person from 4-___.)
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3-may be used
4-killing or seriously injuring him/herself |
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HL
The risks and benefits associated with the use of a conducted energy device are in many respects comparable to the risks and benefits associated with the use of 1-___. |
1-less-lethal ammunition
In certain situations, a conducted energy device may reduce the risk of death or injury to police officers or bystanders and also to the persons who are subject to arrest and against whom this form of of less lethal force would be directed The device may thus allow officers to resolve confrontation without escalating to a level where deadly force is required |
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HL
The device may thus allow officers to resolve a confrontation without it 1-___ where deadly force is required. |
1-escalating to a level
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HL
In certain circumstances, such as when a conducted energy device is directed against a person who is 1-___, or when the device is used in 2-____ (i.e., held in direct physical contact with the suspect rather than being fired from a distance), this policy imposes additional restrictions that are comparable to those that apply to the use of deadly force. |
1-restrained by handcuffs
2-“drive stun mode” |
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4. While conducted energy devices are designed and intended to be used as less lethal weapons, these devices can result in 1-____.
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1-serious bodily injury, or death
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The risk of causing immediate or long-term injury depends on many factors, including but not limited to the 1-___ on which the targeted person is 2-___, given the risk that the device might cause the person to fall uncontrollably.
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1- terrain
2-standing |
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The risk of causing immediate or long-term injury depends on many factors, including but not limited to the terrain on which the targeted person is standing, given the risk that the device might cause the person to 3-___.
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3-fall uncontrollably
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Officers equipped with conducted energy devices 1-___ recognize the seriousness and potential 2-___ of these weapons. |
1-must at all times 2-lethality |
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Accordingly, this supplemental policy establishes 1-___ for carrying, displaying, and using these devices.
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1-strict requirements
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Safeguards such as the provisions of this policy that require that a 1-___ be made and preserved of all incidents where a conducted energy device is fired or discharged, and requiring a thorough 2-____ to the Attorney General of every such incident,
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1-digital video record
2-investigation and report |
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HL
This policy limits the circumstances when a conducted energy device maybe depolyed and prohibits use of these weapons in certain circumstances and for certain purposes FTQ For example, a conducted energy device may not be fired or discharged against a person who is exhibiting only passive resistance to an officer’s order 1-___, to get onto the ground, or to exit a vehicle. |
1-to move from or to a place
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For example, a conducted energy device may not be fired or discharged against a person who is exhibiting only passive resistance to an officer’s order to move from or to a place, 2-___, or to exit a vehicle.
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2-to get onto the ground
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For example, a conducted energy device may not be fired or discharged against a person who is exhibiting only passive resistance to an officer’s order to move from or to a place, to get onto the ground, 3-___.
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3-or to exit a vehicle
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FTQ
Rather, under this supplemental policy, the device may only be used when it is 1-___ to 2-___ a physically combative person in order to prevent the person from causing death or serious bodily injury to him/herself, the officer, or another person, or to prevent the escape of a violent offender. |
1-reasonably necessary
2-temporarily incapacitate Passive resistance = get back in car Not for passive resistance Only physically combative |
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Rather, under this supplemental policy, the device may only be used when it is reasonably necessary to temporarily incapacitate a 3-___ person in order to prevent the person from causing 4-___ to him/herself, the officer, or another person, or to prevent the escape of a violent offender.
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3-physically combative
4-death or serious bodily injury |
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Rather, under this supplemental policy, the device may only be used when it is reasonably necessary to temporarily incapacitate a physically combative person in order to prevent the person from causing death or serious bodily injury to him/herself, the officer, or another person, or to prevent the 5-___ of a 6-___.
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5-escape
6-violent offender |
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6. Any 1-___ of a conducted energy device against a person, except as authorized by this supplemental policy, is 2-___.
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1-firing or discharge
2-prohibited |
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Any 1-___or 2-___ of any such device will not be tolerated and will result in administrative discipline, criminal prosecution, or both.
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1-intentional misuse
2-reckless abuse |
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Any intentional misuse or reckless abuse of any such device will not be tolerated and will result in 3-___, criminal prosecution, 4-___.
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3-administrative discipline
4-or both |
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HL
III. Definitions means any device approved by the Attorney General that is capable of firing darts/electrodes that transmit an electrical charge or current intended to temporarily disable a person. |
“Conducted energy device”
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HL
III. Definitions means to cause the darts/electrodes of a conducted energy device to be ejected from the main body of the device and to come into contact with a person for the purpose of transmitting an electrical charge or current against the person. |
”“Fire”
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HL
III. Definitions means to cause an electrical charge or current to be directed at a person in contact with the darts/electrodes of a conducted energy device. |
“Discharge”
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III. Definition
means to discharge a conducted energy device where the main body of the device is in direct contact with the person against whom the charge or current is transmitted. |
“Drive stun mode”
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HL
III. Definition means to discharge a conducted energy device where the main body of the device is in direct contact with the person against whom the charge or current is transmitted. |
“Drive stun mode”
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HL
III. Definition means a non-contact demonstration of a conducted energy device’s ability to discharge electricity that is done as an exercise of constructive authority to convince an individual to submit to custody. |
“Spark display”
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Rather, under this supplemental policy, the device may only be used when it is 1-___ to 2-___ a physically combative person in order to prevent the person from causing death or serious bodily injury to him/herself, the officer, or another person, or to prevent the escape of a violent offender.
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1-reasonably necessary
2-temporarily incapacitate |
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Rather, under this supplemental policy, the device may only be used when it is reasonably necessary to temporarily incapacitate a 3-___ person in order to prevent the person from causing 4-___ to him/herself, the officer, or another person, or to prevent the escape of a violent offender.
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3-physically combative
4-death or serious bodily injury |
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Rather, under this supplemental policy, the device may only be used when it is reasonably necessary to temporarily incapacitate a physically combative person in order to prevent the person from causing death or serious bodily injury to him/herself, the officer, or another person, or to prevent the 5-___ of a 6-___.
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5-escape
6-violent offender |
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6. Any 1-___ of a conducted energy device against a person, except as authorized by this supplemental policy, is 2-___.
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1-firing or discharge
2-prohibited |
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Any 1-___or 2-___ of any such device will not be tolerated and will result in administrative discipline, criminal prosecution, or both.
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1-intentional misuse
2-reckless abuse |
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Any intentional misuse or reckless abuse of any such device will not be tolerated and will result in 3-___, criminal prosecution, 4-___.
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3-administrative discipline
4-or both |
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III. Definitions
means any device approved by the Attorney General that is capable of firing darts/electrodes that transmit an electrical charge or current intended to temporarily disable a person. |
“Conducted energy device”
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III. Definitions
means to cause the darts/electrodes of a conducted energy device to be ejected from the main body of the device and to come into contact with a person for the purpose of transmitting an electrical charge or current against the person. |
”“Fire”
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III. Definitions
means to cause an electrical charge or current to be directed at a person in contact with the darts/electrodes of a conducted energy device. |
“Discharge”
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III. Definition
means to discharge a conducted energy device where the main body of the device is in direct contact with the person against whom the charge or current is transmitted. |
“Drive stun mode”
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III. Definitions
means a non-contact demonstration of a conducted energy device’s ability to discharge electricity that is done as an exercise of constructive authority to convince an individual to submit to custody. |
“Spark display”
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HL
IV. Authorized Officers 1. The 1-___ of a law enforcement agency shall determine the number of officers who are authorized to carry and use a conducted energy device. |
1-chief executive
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HL
IV. Authorized Officers 2. An officer 1-___ carry or use a conducted energy device during an actual operation unless the officer has been expressly 2-___ by the chief executive of the department, considering the officer’s experience and demonstrated judgment, and the officer has successfully completed a training course approved by the Police Training Commission in the proper use and deployment of conducted energy devices |
1-shall not
2-authorized in writing |
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IV. Authorized Officers
2. An officer shall not carry or use a conducted energy device during an actual operation unless the officer has been expressly authorized in writing by the 1-___ of the department, considering the officer’s 2-___, and the officer has successfully completed a training course approved by the 3-___ in the proper use and deployment of conducted energy devices |
1-chief executive-
2-experience and demonstrated judgment 3-Police Training Commission |
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The 1-____ of the department shall have the 2-___ to ensure that all officers authorized to carry or use a conducted energy device remain qualified by experience, 3-___,
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1-chief executive
2-continuing responsibility 3-demonstrated judgment |
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and training and Police Training Commission-approved qualification and re-qualification procedures to be equipped with these weapons, and the 1-___ may at any time limit, 2-___ of an officer to carry or use a conducted energy device.
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1-chief executive
2-suspend, or revoke the authority |
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3. A law enforcement officer authorized to carry and use a conducted energy device pursuant to this supplemental policy shall be exempt from criminal liability under 1-___ for 2-____ of a stun gun provided by his or her department.
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1- N.J.S. 2C:39-3(h)
2-knowing possession |
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PTQ
V. Authorization to Use Conducted Energy Devices 1. An officer authorized to use a conducted energy device pursuant to this supplemental policy may fire and/or discharge the device during an actual operation only where: i) the officer believes such force is 1-___ to prevent the person against whom the device is targeted from causing 2-____ bodily injury to him/herself, an officer, or any other person; or, |
1-reasonably necessary
2-death or serious |
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BHL
V. Authorization to Use Conducted Energy Devices 1. An officer authorized to use a conducted energy device pursuant to this supplemental policy may fire and/or discharge the device during an actual operation only where: ii) the officer believes such force is reasonably necessary to prevent the 1-___ of an individual whom the officer has 2-_____ to believe has committed an offense in which the suspect caused or attempted to cause death or serious bodily injury; and |
1-immediate flight
2-probable cause |
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PTQ
b. the individual will not 1-___ to custody after having been given a 2-____ to do so considering the exigency of the situation and the immediacy of the need to employ law enforcement force to prevent the individual from causing death or serious bodily injury to him/herself or any other person. |
1-voluntarily submit
2-reasonable opportunity |
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b. the individual will not voluntarily submit to custody after having been given a reasonable opportunity to do so 3-____ of the situation and the 4-____ to employ law enforcement force to prevent the individual from causing death or serious bodily injury to him/herself or any other person.
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3-considering the exigency
4-immediacy of the need |
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BHL
$ 2. An officer 1-___ direct an electrical charge or current against a person who has 2-____ an electrical charge from a conducted energy device unless the person, despite the initial discharge, continues to pose a threat of causing death or serious bodily injury to him/herself, an officer, or any other person. The person shall be given a reasonable opportunity to submit to law enforcement authority and to comply with law enforcement commands before being subjected to a second or subsequent discharge, unless the person’s conduct after the initial discharge creates a risk of death or serious bodily injury that is so immediate that any delay in applying a second or subsequent discharge would likely result in death or serious bodily injury. |
1-shall not
2-already received |
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2. An officer shall not direct an electrical charge or current against a person who has already received an electrical charge from a conducted energy device unless the person, despite the initial discharge, 3-___ a threat of causing 4-____ to him/herself, an officer, or any other person. The person shall be given a reasonable opportunity to submit to law enforcement authority and to comply with law enforcement commands before being subjected to a second or subsequent discharge, unless the person’s conduct after the initial discharge creates a risk of death or serious bodily injury that is so immediate that any delay in applying a second or subsequent discharge would likely result in death or serious bodily injury.
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3-continues to pose
4-death or serious bodily injury |
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2. An officer shall not direct an electrical charge or current against a person who has already received an electrical charge from a conducted energy device unless the person, despite the initial discharge, continues to pose a threat of causing death or serious bodily injury to him/herself, an officer, or any other person. The person shall be given a reasonable opportunity to submit to law enforcement authority and to comply with law enforcement commands before being subjected to a second or subsequent discharge, unless the person’s conduct after the initial discharge creates a risk of death or serious bodily injury that is 5-___ that any 6-___ a second or 7-___ would likely result in death or serious bodily injury.
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5- so immediate
6-delay in applying 7-subsequent discharge |
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BHL
In the event that a 1-___ is authorized and necessary, the officer shall, when feasible, 2-___of the device so that the focus of the device’s internal video camera is centered on the person in order to record the circumstances justifying any such second or subsequent discharge. |
1-second or subsequent discharge
2-point the main body |
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In the event that a second or subsequent discharge is authorized and necessary, the officer shall, when feasible, point the main body of the device so that the focus of the device’s 3-____ on the person in order 4-___ the circumstances justifying any such second or subsequent discharge.
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3-internal video camera is centered
4- to record |
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HL
3. An officer shall not direct an electrical charge or current against a person who is 1-____ unless: |
1-restrained by handcuffs
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HL
3. An officer shall not direct an electrical charge or current against a person who is restrained by handcuffs unless: a. the officer 1-____ based on the suspect’s conduct while 2-___ that such force is immediately necessary to protect the officer, the suspect, or another person from imminent danger of death or serious bodily injury; and, |
1-reasonably believe
2-handcuffed |
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3. An officer shall not direct an electrical charge or current against a person who is restrained by handcuffs unless:
a. the officer reasonably believes based on the suspect’s conduct while handcuffed that such force is 3-___ to protect the officer, the suspect, or another person from 4-___ of death or serious bodily injury; and, |
3-immediately necessary
4-imminent danger |
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HL
. An officer shall not direct an electrical charge or current against a person who is restrained by handcuffs unless: a. the officer reasonably believes based on the suspect’s conduct while handcuffed that such force is immediately necessary to protect the officer, the suspect, or another person from imminent danger of death or serious bodily injury; and, b. the use of 1-____ e.g., a baton or pepper spray) 2-___ available to be employed, has been tried and failed to stop the imminent threat of death or serious bodily injury, reasonably appears to be unlikely to stop the imminent threat if tried, or would be too dangerous to the officer or an innocent person to employ. |
1-physical or mechanical force 2-is not immediately
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. An officer shall not direct an electrical charge or current against a person who is restrained by handcuffs unless:
a. the officer reasonably believes based on the suspect’s conduct while handcuffed that such force is immediately necessary to protect the officer, the suspect, or another person from imminent danger of death or serious bodily injury; and, b. the use of physical or mechanical force (e.g., a baton or pepper spray) is not immediately available to be employed, has been 3-___ the 4-____ of death or serious bodily injury, 5-___ to be unlikely to stop the imminent threat if tried, or would be too dangerous to the officer or an innocent person to employ. |
3-tried and failed to stop
4-imminent threat 5-reasonably appears |
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HL
In the event that a conducted energy device is discharged against a person who is 1-____, the officer 2-___ the main body of the device so that the focus of the device’s internal video camera is centered on the person in order to record the circumstances justifying the discharge. |
1-restrained by handcuffs
2-shall point |
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In the event that a conducted energy device is discharged against a person who is restrained by handcuffs, the officer shall point the main body of the device so that the focus of the 3-___ is centered on the person in order to record the circumstances 4-___.
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3-device’s internal video camera
4-justifying the discharge |
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HL
4. An officer 1-___ use a conducted energy device in 2-___ unless the officer reasonably believes based on the suspect’s conduct that discharging the device in drive stun mode is immediately necessary to protect the officer, the suspect, or another person from imminent danger of death or serious bodily injury. |
1-shall not
2-drive stun mode |
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4. An officer shall not use a conducted energy device in drive stun mode unless the officer reasonably believes based on the 3-___ that discharging the device in drive stun mode is 4-___ to protect the officer, the suspect, or another person from 5-___ of death or serious bodily injury.
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3-suspect’s conduct
4-immediately necessary 5-imminent danger |
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HL
5. A law enforcement officer 1-___ be required to 2-___ of using a conducted energy device before using lethal ammunition in any circumstance where deadly force would be justified and authorized pursuant to the Attorney General’s Use of Force Policy. |
1-shall not
2-exhaust the option |
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5. A law enforcement officer shall not be required to exhaust the option of using a conducted energy device before using 3-___ in any circumstance where 4-___ would be justified and authorized pursuant to the Attorney General’s Use of Force Policy.
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3-lethal ammunition
4-deadly force |
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PTQ
VI. Unauthorized uses of Conducted Energy Devices The following uses are prohibited: 1. A conducted energy device 1-___ be used or 2-___ to be used to retaliate for any past conduct or to impose punishment. |
1-shall not
2-threatened |
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VI. Unauthorized uses of Conducted Energy Devices
The following uses are prohibited:The following uses are prohibited: 1. A conducted energy device shall not be used or threatened to be used to retaliate for any past conduct or to 3-___. |
3- impose punishment
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PTQ
VI. Unauthorized uses of Conducted Energy Devices The following uses are prohibited: 2. A conducted energy device shall not be fired or discharged against a person who is exhibiting only 1-___ to an officer’s command to 2-___, to get onto the ground, or to exit a vehicle. |
1-passive resistance
2-move from or to a place |
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VI. Unauthorized uses of Conducted Energy Devices
The following uses are prohibited: 2. A conducted energy device shall not be fired or discharged against a person who is exhibiting only passive resistance to an officer’s command to move from or to a place, to get 3-___, or to exit a vehicle. |
3-onto the ground
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What are the three again
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1-passive resistance
2-move from or to a place 3-onto the ground |
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PTQ
VI. Unauthorized uses of Conducted Energy Devices The following uses are prohibited: 3. A conducted energy device shall not be fired or discharged to prevent a person from committing 1-___. |
1-property damage
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PTQ
VI. Unauthorized uses of Conducted Energy Devices The following uses are prohibited: 4. A conducted energy device shall not be fired or discharged against the operator of a 1-___. |
1-moving vehicle
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PTQ
VI. Unauthorized uses of Conducted Energy Devices The following uses are prohibited: 5. 1-___ conducted energy devices shall not be discharged upon a person at the same time.: |
1-Two or more
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VI. Unauthorized uses of Conducted Energy Devices
The following uses are prohibited: 5. Two or more conducted energy devices shall not be discharged upon a person at the 2-___. |
2-same time
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BHL
VII. Training and Qualification 1. No officer shall be authorized to 1-___ a conducted energy device during an actual operation until having completed a and qualification procedure approved by the Police Training Commission in the proper use and deployment of conducted energy devices. |
1-carry or use
2-training course |
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BHL
VII. Training and Qualification The training program shall include a component on how to interact with an 1-___ person, how to recognize 2-___, and techniques to de-escalate a psychiatric crisis to prevent injury or death. |
1-emotionally disturbed
2-mental illness |
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VII. Training and Qualification
The training program shall include a component on how to interact with an emotionally disturbed person, how to recognize mental illness, and techniques to de-escalate a 3-___ to prevent injury or death. |
3-psychiatric crisis
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VII. Training and Qualification
The training program for what |
1-emotionally disturbed
2-mental illness 3-psychiatric crisis |
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VII. Training and Qualification
2. A person participating in a training course approved by the Police Training Commission shall during such training be exempt from 1-___ under N.J.S. 2C:39-3(h) for 2-___ of a stun gun |
1-criminal liability
2-knowing possession |
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BHL
VII. Training and Qualification 3. All law enforcement officers authorized to carry and use a conducted energy device pursuant to this supplemental policy 1-___, and thereafter re-qualify 2-___, in a training course and qualification procedure approved by the Police Training Commission. |
1-shall qualify
2-semi-annually Bi-annually same thing |
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VII. Training and Qualification
1. An officer issued a conducted energy device shall 1-___ on an 2-___, prior to field deployment, that the device, including the video recording function, is functional. |
1-determine and record
2-appropriate log |
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VII. Training and Qualification
1. An officer issued a conducted energy device shall determine and record on an appropriate log, prior to field deployment, that the 3-___, including the 4-___ function, is functional. |
3-device
4-video recording |
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VII. Training and Qualification
2. When feasible, the officer 1-___ the person against whom the conducted energy device is directed that the officer intends to fire the weapon. |
1-should warn
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VII. Training and Qualification
If a 1-___ discharge is authorized by this supplemental policy, the officer, when feasible, 2-___ the person that the officer intends to discharge the device again. |
1-second or subsequent
2-should warn |
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VII. Training and Qualification
It 1-___ for an officer to 2-___ of the impending firing/discharge of the device, or to provide the person with an opportunity to submit to law enforcement authority before firing/discharging the device, if the person’s conduct is creating a risk of death or serious bodily injury that is so immediate that any delay in firing/discharging the device would likely result in death or serious bodily injury (e.g., where the person is actively engaged in committing an aggravated assault, or is actively engaged in an attempt to commit suicide or an act of self mutilation). |
1-shall not be necessary
2- warn the person |
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VII. Training and Qualification It shall not be necessary for an officer to warn the person of the impending firing/discharge of the device, or to provide the person with an 3-___ to law enforcement authority before 4-___ the device, if the person’s conduct is creating a risk of death or serious bodily injury that is so immediate that any delay in firing/discharging the device would likely result in death or serious bodily injury (e.g., where the person is actively engaged in committing an aggravated assault, or is actively engaged in an attempt to commit suicide or an act of self mutilation).
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3-opportunity to submit
4-firing/discharging |
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VII. Training and QualificationIt shall not be necessary for an officer to warn the person of the impending firing/discharge of the device, or to provide the person with an opportunity to submit to law enforcement authority before firing/discharging the device, if the person’s conduct is creating a risk of 5-___ that is so 6-___ that any delay in firing/discharging the device would likely result in death or serious bodily injury (e.g., where the person is actively engaged in committing an aggravated assault, or is actively engaged in an attempt to commit suicide or an act of self mutilation).
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5-death or serious bodily injury
6-immediate |
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VII. Training and QualificationIt shall not be necessary for an officer to warn the person of the impending firing/discharge of the device, or to provide the person with an opportunity to submit to law enforcement authority before firing/discharging the device, if the person’s conduct is creating a risk of death or serious bodily injury that is so immediate that any 7-___ in firing/discharging the device would likely result in 8-(e.g., where the person is actively engaged in committing an aggravated assault, or is actively engaged in an attempt to commit suicide or an act of self mutilation).
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7-delay
8-death or serious bodily injury |
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VII. Training and QualificationIt shall not be necessary for an officer to warn the person of the impending firing/discharge of the device, or to provide the person with an opportunity to submit to law enforcement authority before firing/discharging the device, if the person’s conduct is creating a risk of death or serious bodily injury that is so immediate that any delay in firing/discharging the device would likely result in death or serious bodily injury (e.g., where the person is actively engaged in committing an 9-___, or is actively engaged in an attempt to 10-___ or an act of self mutilation).
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9-aggravated assault
10-commit suicide |
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VII. Training and QualificationIt shall not be necessary for an officer to warn the person of the impending firing/discharge of the device, or to provide the person with an opportunity to submit to law enforcement authority before firing/discharging the device, if the person’s conduct is creating a risk of death or serious bodily injury that is so immediate that any delay in firing/discharging the device would likely result in death or serious bodily injury (e.g., where the person is actively engaged in committing an aggravated assault, or is actively engaged in an attempt to commit suicide or an act of 11-___).
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11-self mutilation
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VIII. Deployment Techniques
HL 2-When feasible, the officer should warn the person against whom the conducted energy device is directed that he officer intends to fire the weapon It shall not be necessary for an officer to warn the person of the impending firing/discharge of the device, or to provide the person with an opportunity to submit to law enforcement authority before firing/discharging the device, if the person's conduct is creating a risk of death or serious bodily injury that is so immediate that any delay in firing/discharging the device would likely result in death or serious bodily injury BHL 3. An officer shall not unholster a conducted energy device during an actual operation unless the officer 1-___ that it may be necessary for the officer to use the conducted energy device. |
1-reasonably believes
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|
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VIII. Deployment Techniques
An officer 1-___ exhibit a conducted energy device to a person or conduct a 2-___ during an actual operation unless the officer reasonably believes that display of the device and/or a demonstration of its ability to discharge electricity as an exercise of constructive authority would help to establish or maintain control in a potentially dangerous situation in an effort to discourage resistance and ensure officer safety |
1-shall not
2-spark display |
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VIII. Deployment TechniquesAn officer shall not exhibit a conducted energy device to a person or conduct a spark display during an actual operation unless the officer 3-___ that display of the device and/or a demonstration of its ability to discharge electricity as an exercise of 4-___ would help to establish or maintain control in a potentially dangerous situation in an effort to discourage resistance and ensure officer safety
|
3-reasonably believes
4-constructive authority |
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VIII. Deployment TechniquesAn officer shall not exhibit a conducted energy device to a person or conduct a spark display during an actual operation unless the officer reasonably believes that display of the device and/or a demonstration of its ability to discharge electricity as an exercise of constructive authority would help to establish or 5-___ in a potentially dangerous situation in an effort to 6-___ and ensure officer safety
|
5-maintain control
6-discourage resistance |
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VIII. Deployment Techniques
An officer may also unholster and/or exhibit a conducted energy device or conduct a spark display if 1-___ on the scene has unholstered and/or exhibited a firearm in accordance with the 2-___. |
1-another officer
2-Attorney General’s Use of Force Policy And again thats if another officer AND in accordance with what Attorney General’s Use of Force Policy |
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HL
4. An officer may, through 1-___, threaten to use a conducted energy device, so long as the officer’s purpose is limited to 2-___ that the device will be used if necessary. |
1-verbal commands
2-creating an apprehension |
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4. An officer may, through verbal commands, 3-___ to use a conducted energy device, so long as the officer’s purpose is limited to creating an apprehension that the device will be used if necessary.
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3-threaten
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HL
5. An officer 1-___ fire a conducted energy device if there is a 2-___ that the electrode/darts will strike an innocent person unless firing the device in such circumstances is reasonably necessary to protect the innocent person(s) from being killed or seriously injured by the person against whom the conducted energy device is targeted. |
1-should not
2-substantial risk |
|
|
5. An officer should not fire a conducted energy device if there is a substantial risk that the 3-___ will strike an 4-___ unless firing the device in such circumstances is reasonably necessary to protect the innocent person(s) from being killed or seriously injured by the person against whom the conducted energy device is targeted.
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3-electrode/darts
4-innocent person |
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|
5. An officer should not fire a conducted energy device if there is a substantial risk that the electrode/darts will strike an innocent person 5-___ firing the device in such circumstances is 6-___ to protect the innocent person(s) from being killed or seriously injured by the person against whom the conducted energy device is targeted.
|
5-unless
6-reasonably necessary |
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|
5. An officer should not fire a conducted energy device if there is a substantial risk that the electrode/darts will strike an innocent person unless firing the device in such circumstances is reasonably necessary to protect the 7-___ from being 8-___ by the person against whom the conducted energy device is targeted.
|
7-innocent person(s)
8-killed or seriously injured |
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HL
6. To ensure officer safety, 1-___, at least one law enforcement officer 2-___ deploying the conducted energy device should be present, be armed with lethal ammunition, and be prepared to deploy deadly force in the event that the use of a conducted energy device for any reason fails to incapacitate the suspect and prevent him or her from causing death or serious bodily injury to the officer equipped with the device, or any other person. |
1-when feasible
2-other than the one |
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|
6. To ensure officer safety, when feasible, at least one law enforcement officer other than the one deploying the conducted energy device should be 3-___, be armed with 4-___, and be prepared to deploy deadly force in the event that the use of a conducted energy device for any reason fails to incapacitate the suspect and prevent him or her from causing death or serious bodily injury to the officer equipped with the device, or any other person.
|
3-present
4-lethal ammunition |
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|
6. To ensure officer safety, when feasible, at least one law enforcement officer other than the one deploying the conducted energy device should be present, be armed with lethal ammunition, and be prepared to deploy deadly force in the event that the use of a conducted energy device for any 5-___ the suspect and prevent him or her from causing death or serious bodily injury to the officer equipped with the device, or any other person.
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5-reason fails to incapacitate
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HL
7. During the deployment of a conducted energy device, the deploying officer shall, when feasible, 1-___ the options selected against changing circumstances. |
1-continually evaluate
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HL
8. An officer trained and authorized to carry a conducted energy device should be aware of any 1-___ made by the manufacturer. |
1-targeting recommendations
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BHL
9. A conducted energy device may be used in 1-___ a distraction device, water-based chemical agent, or less-lethal ammunition. |
1-conjunction with
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HL
If the individual has already 1-___ an electrical charge from a conducted energy device, officers should, 2-___, provide the person a reasonable opportunity to submit to law enforcement authority and to comply with law enforcement commands, considering the physiological effects of the discharge, before deploying a distraction device, chemical agent, or less-lethal ammunition. |
1-received
2-when feasible |
|
|
If the individual has already received an electrical charge from a conducted energy device, officers should, when feasible, provide the person a 3-___ to submit to law enforcement authority and to 4-___ with law enforcement commands, considering the physiological effects of the discharge, before deploying a distraction device, chemical agent, or less-lethal ammunition.
|
3-reasonable opportunity
4-comply |
|
|
If the individual has already received an electrical charge from a conducted energy device, officers should, when feasible, provide the person a reasonable opportunity to submit to law enforcement authority and to comply with law enforcement commands, considering the 5-___ of the discharge, 6-___ a distraction device, chemical agent, or 7-___.
|
5-physiological effects
6-before deploying 7-less-lethal ammunition |
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10. A conducted energy device 1-___ be directed against a person who is situated on an 2-___, near a precipice, etc.) unless reasonable efforts have been made to prevent or minimize a fall-related injury (e.g., deploying a safety net).
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1-shall not
2-elevated surface (e.g., a ledge, scaffold, near a precipice, etc.) |
|
|
10. A conducted energy device shall not be directed against a person who is situated on an elevated surface (e.g., a ledge, scaffold, near a precipice, etc.) 3-___ have been made to prevent or minimize a fall-related injury 4-___
|
3-unless reasonable efforts
4-(e.g., deploying a safety net). |
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|
BHL
11. A conducted energy device 1-___ be used in, on, or 2-___ to a body of water in which the targeted person could fall during any stage of the application of the electrical current generated or transmitted by the device. |
1-shall not
2-immediately adjacent |
|
|
A conducted energy device shall not be used in, on, or immediately adjacent to a 3-___ in which the targeted person could fall during any stage of the application of the electrical current generated or transmitted by the device.
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3-body of water
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HL
12. A conducted energy device 1-____ be used in any environment where an officer 2-___ that a potentially flammable, volatile, or explosive material is present that might be ignited by an open spark, including but not limited to pepper spray with a volatile propellant, gasoline, natural gas, or propane. |
1-shall not
2-knows or has reason to believe |
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|
12. A conducted energy device shall not be used in any environment where an officer knows or has reason to believe that a 3-___ is present that might 4-___ by an open spark, including but not limited to pepper spray with a volatile propellant, gasoline, natural gas, or propane.
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3-potentially flammable, volatile, or explosive material
4-be ignited |
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|
12. A conducted energy device shall not be used in any environment where an officer knows or has reason to believe that a potentially flammable, volatile, or explosive material is present that might be ignited by an 5-___, including but not limited to 6-___ with a volatile propellant, gasoline, natural gas, or propane.
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5-open spark
6-pepper spray with a volatile propellant |
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BHL
13. While officers 1-___ respect the seriousness and 2-___ of a conducted energy device, an officer should use particular care when considering whether to use a conducted energy device against a individual who is particularly vulnerable due to age (either elderly or young) or due to a known or reasonably apparent medical condition (e.g., a pregnant female). |
1-must at all times
2-potential lethality |
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|
13. While officers must at all times respect the seriousness and potential lethality of a conducted energy device, an officer should use particular care when considering whether to use a conducted energy device against a individual who is 3-___ due to age 4-___ or due to a known or reasonably apparent medical condition (e.g., a pregnant female).
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3-particularly vulnerable
4-(either elderly or young) |
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|
13. While officers must at all times respect the seriousness and potential lethality of a conducted energy device, an officer should use particular care when considering whether to use a conducted energy device against a individual who is particularly vulnerable due to age (either elderly or young) or due to a 5-___ apparent medical condition 6-___
|
5-known or reasonably
6-(e.g., a pregnant female). |
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|
PTQ
IX. Handling of Injured Suspects Subjects against whom a conducted energy device has been directed shall be transported to a 1-___ for examination if any of the following circumstances exist |
1-medical facility
1 the subject request medical attention 2 the subject has been rendered unconscious or unresponsive 3 the subject after being subjected to a discharge does not appear to have recovered normally, as described in CED training 4 the subject has exhibited signs of excited delirium, as described in CED training, prior to, during, or after the discharge of the CED 5 the subject has suffered bodily injury requiring medical attention as a result of a fall, or otherwise reasonably appears to be in need of medical attention 6-$$ the subject was exposed to three or more discharges from at CED during the encounter 7 the subject has been exposed to a continuous discharge lasting 15 seconds or more 8 no one present at the scene is qualified or authorized to remove the CED darts/electrodes from the subjects person 9 an officer trained and author rise to remove darts/electrodes experiences difficulty in removing a dart/electrode or 10 any part of the CED dark/electrode has broken off and remains in embedded HL $ An officer is authorized to remove a CED.I'll Litro from a subject only if the officer has received training on start/electrode removal, provided, however, and officer is not authorized to remove a CED dart/electrode from any part of the person's head or neck, or where the dart/ectrode is located in the area of the subjects genitalia, or female breast. In the absence of exigent circumstances requiring immediate action, a CED dart/electrode may only be removed from these areas of the subject's body by an emergency (medical) technician (EMT) or by other qualified medical personnel |
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HL NEW
X. Reporting and Evaluation 1. In all instances when a conducted energy device is fired or discharged, the law enforcement officer who employed such force shall complete: a. Any 1-____ made necessary by the nature of the underlying incident, and, |
1-reports
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X. Reporting and Evaluation
1. In all instances when a conducted energy device is fired or discharged, or where a spark display is conducted during an actual operation, the law enforcement officer who employed such force shall complete: b. A 1-___ as required by the Attorney General’s Use of Force Policy. |
1-use of force report
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$ X. 1 in all instances when a conducted energy device is fired or discharged the law-enforcement officer who employed such force shop complete
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1-c. A Conducted Energy Device Report.
HL $ An officer is not required to complete a general "use of force" report or a "conducted energy device" report when the officer conducts a "spark display" but does not thereafter fire or discharge the device, or otherwise employ actual force against the subject. See the note the following this policy |
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Officer who employed such force shall complete what again
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1-reports
2-use of force report 3- A Conducted Energy Device report But remember no reports for a spark display when you don't discharge the device |
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HL
2. In all instances when a conducted energy device is fired at or discharged upon a person, a 1-___ shall investigate the circumstances and outcome of the device’s use. |
1-higher-ranking supervisor
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The 1-___ shall report on the incident to the 2-___ of the department, providing the chief executive information on all relevant circumstances, deployment, and outcome, including whether the deployment avoided injury to an officer and avoided the need to use deadly force.
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1-investigating supervisor
2-chief executive |
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|
The investigating supervisor shall report on the incident to the chief executive of the department, providing the chief executive information on all relevant circumstances, deployment, and outcome, including whether the deployment avoided 3-___ and avoided the need to use 4-___.
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3-injury to an officer
4-deadly force |
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HL
Upon receipt, the 1-____ shall 2-____ on whether the firing and all discharges complied with the Attorney General’s Supplemental Policy on Conducted Energy Devices. |
1-chief executive
2-issue a finding |
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HL $
The chief executive shall forward the report to the 1-___ within 2-___ of the firing/discharge, unless the County Prosecutor grants the chief executive’s request for a reasonable extension of time within which to forward the report for good cause shown. |
1-County Prosecutor
2-3 business days |
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And thats within 3 business days of the 1-___
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1-firing/discharge
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HL $
The Prosecutor shall within1-___ of the device’s firing/discharge forward to the 2-___ the investigation report(s) prepared by the chief executive of the department, along with a memorandum or letter indicating whether the Prosecutor concurs or disagrees with the findings of the chief executive of the department as to the propriety of the firing/discharge(s). |
1- 7 days
2-Director of the Division of Criminal Justice $$ Remember that is 7 days from the time of the event |
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|
A Prosecutor may request a 1-___ of time within which to report to the Director of the Division of Criminal Justice when the Prosecutor believes that an incident requires further investigation to determine whether the firing/discharge(s) complied with this supplemental policy.
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1-reasonable extension
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The 1-___ may conduct any such further investigation, or may direct the 2-___ of the department to do so.
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1- Prosecutor
2-chief executive |
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The 1-___ shall report to the 2-___ on the propriety of the firing/discharge(s).
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1-Director of the Division of Criminal Justice
2-Attorney General |
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HL
4. In 1-___ when a conducted energy device is fired at or discharged upon a person, a 2-___ by the chief of the department employing the officer who fired or discharged the device shall take custody of and secure the device. |
1-all instances
2-superior officer designated |
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|
4. In all instances when a conducted energy device is fired at or discharged upon a person, a superior officer designated by the chief of the department employing the officer who fired or discharged the device 3-___ of and 2--___ the device.
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3-shall take custody
2-secure |
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HL
The 1-___ shall safeguard the 2-___ in that device concerning the incident |
1-superior officer
2-digital information |
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The superior officer 3-___ the digital information in that device concerning the incident.
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3-shall safeguard
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BHL
The 1-___ of each department that employs the use of conducted energy devices 2-___ a rule, regulation, standing operating procedure or other appropriate order to establish a system to ensure that the internal digital recording systems of these devices are maintained, and that the data contained therein cannot be tampered with, and cannot be accessed or erased except by duly authorized supervisors. |
1-chief executive officer
2-shall issue |
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|
The chief executive officer of each department that employs the use of conducted energy devices shall issue a rule, regulation, standing operating procedure or other appropriate order to 3-___ to ensure that the 4-___ of these devices are maintained, and that the data contained therein cannot be tampered with, and cannot be accessed or erased except by duly authorized supervisors.
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3-establish a system
4-internal digital recording systems |
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|
The chief executive officer of each department that employs the use of conducted energy devices shall issue a rule, regulation, standing operating procedure or other appropriate order to establish a system to ensure that the internal digital recording systems of these devices are maintained, and that the data contained therein cannot be , and 4-___ or erased except by duly authorized supervisors.
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3-tampered with
4-cannot be accessed |
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and that the data contained therein cannot be tampered with, and cannot be accessed or erased except by duly 5-___.
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authorized supervisors
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After the 1-___, the device may be returned to deployment consistent with the department’s policies.
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1-information is safeguarded
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After the information is safeguarded, the device 2-___ to deployment consistent with the department’s policies.
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2- may be returned
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HL
The information stored in the device concerning the 1-___ (i.e., e.g., data concerning the 2-___, the time of all electrical discharges, and video recordings of the firing of the weapon and all electrical discharges) shall be preserved and reported on in the report of the incident prepared pursuant to paragraph 2 of this Section. |
1-use of force incident
2-time the weapon was fired |
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|
The information stored in the device concerning the use of force incident (i.e., e.g., data concerning the time the weapon was fired, the time of 3-___, and 4-___ of the firing of the weapon and all electrical discharges) shall be preserved and reported on in the report of the incident prepared pursuant to paragraph 2 of this Section.
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3-all electrical discharges
4-video recordings |
|
|
The information stored in the device concerning the use of force incident (i.e., e.g., data concerning the time the weapon was fired, the time of all electrical discharges, and video recordings of the firing of the weapon and 5-___) shall be preserved and 6-___ in the report of the incident prepared pursuant to paragraph 2 of this Section.
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5-all electrical discharges
6-reported on |
|
|
The information stored in the device concerning the use of force incident (i.e., e.g., data concerning the time the weapon was fired, the time of all electrical discharges, and video recordings of the firing of the weapon and all electrical discharges) 7-____ and reported 8-___ of the incident prepared pursuant to paragraph 2 of this Section.
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7-shall be preserved
8-on in the report |
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(i.e., e.g., data concerning
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1-use of force incident
2-time the weapon was fired 3-all electrical discharges 4-video recordings 5-all electrical discharges |
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|
PTQ
XI. Approved Conducted Energy Devices 1. The device 1-___ be capable of making a 2-___ of each occurrence when the darts/electrodes are fired, and of each occurrence when an electrical current is discharged. |
1-must
2-date- and time-stamped digital record Sn Says something here about a L/Authorized tire deflation device |
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XI. Approved Conducted Energy Devices
1. The device must be capable of making a date- and time-stamped digital record of each occurrence when the 3-___, and of each occurrence when an 4-___. |
3-darts/electrodes are fired
4-electrical current is discharged |
|
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PTQ
XI. Approved Conducted Energy Devices 2. The device 1-___ be capable of making a 2-___ of each such firing and electrical discharge, where the focus of the internal camera is centered on the person against whom the conducted energy device was targeted. |
1-must
2-digital video recording |
|
|
XI. Approved Conducted Energy Devices
2. The device must be capable of making a digital video recording of each such firing and electrical discharge, 3-___ of the 4-___ is centered on the person against whom the conducted energy device was targeted. |
3-where the focus
4-internal camera |
|
|
2. The device must be capable of making a digital video recording of each such firing and electrical discharge, where the focus of the internal camera is 5-___ against whom the conducted energy device was 6-___.
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5-centered on the person
6-targeted |
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|
PTQ
XI. Approved Conducted Energy Devices 3. The device 1-___ all such 2-___ to ensure that they can be accessed or erased only by appropriate supervisory personnel in accordance with rules, regulations, standing operating procedures or orders promulgated pursuant to this supplemental policy. |
1-must safeguard
2-digital data and video recordings |
|
|
XI. Approved Conducted Energy Devices
3. The device must safeguard all such digital data and video recordings to ensure that they can be 3-___ only by appropriate 4-___ in accordance with rules, regulations, standing operating procedures or orders promulgated pursuant to this supplemental policy. |
3- accessed or erased
4-supervisory personnel |
|
|
XI. Approved Conducted Energy Devices
No law enforcement 1-___ shall purchase, possess, deploy, fire, or discharge any conducted energy device pursuant to this supplemental policy unless the device 2-___ and characteristics approved by the 3-___. |
1-agency
2-satisfies the specifications 3-Attorney General |
|
|
The 1-___ or possession of a conducted energy device or any other form of stun gun is 2-___ and is subject to criminal prosecution.
|
1-private ownership
2-strictly prohibited |
|
|
The private ownership or possession of a conducted energy device or any other form of stun gun is strictly prohibited and is subject to 3-___.
|
3-criminal prosecution
|
|
|
BHL
XII. Sanctions for Non-Compliance If the Attorney General or designee has 1-___ that a law enforcement agency or officer is 2-___ with or adequately enforcing the provisions of this supplemental policy, the Attorney General may temporarily or permanently suspend or revoke the authority of the department, 1-reason to believe 2-not complying |
BHL
or any officer, to possess or use conducted energy devices, may initiate 1-___ prosecution proceedings, and may take such other actions as the 2-___ sole discretion deems appropriate to ensure compliance with this supplemental policy. 1-disciplinary or criminal 2-Attorney General in her SN Says here must comply or be charged |
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|
HL
1-Purchase of device; authorized models; mandatory training, On October 14th, 2011 HL $ At this time, the 1-___ models manufactured by Taser International have been shown to meet the criteria established in the Attorney General’s Revised Policy on Conducted Energy Devices[.] |
1-X2 and X26
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HL
1-___ has developed and approved 2-___ that 3-___ be completed by any law enforcement officer who is issued a conducted energy device. Officers authorized to carry a device will be required to complete training provided by the manufacturer of the device. In addition, officers will be required to complete training governing the use of conducted energy devices under New Jersey law |
1-The Police Training Commission
2-mandatory training 3-must |
|
|
To ensure that this training can proceed expeditiously, the 1-___ will conduct 2-___ programs to develop a cadre of instructors who can provide training to individual law enforcement agencies.
|
1-Division of Criminal Justice Training Academy
2-“train-the-trainer” |
|
|
I. Authority to Conduct a Spark Display
Conducted energy devices are capable of producing a large, continuous spark thst can be seen and heard by the person against whom the device may be targeted. |
The spark display
function is used to convince a person that the device being exhibited by the officer is indeed a CED and not a firearm, and that the device is charged and ready to be fired at the person if needed |
|
|
FTQ
A spark display, in contrast, does not involve the useof actual force, but rather constitutes mere constructive authority under the continuum of force options outlined in the General Use of Force Policy. In other words, constructive authority is not deemed to be the actual use of force, but rather is only a threat to use future force if the subject refuses to comply with the officer's commands |
Clearly, and as a matter of common sense, the standard and p re re qui site s
for employing actual force, and in particular enhanced mechanical force, are significantly afferent from the standard and prerequisites for employing mere constructive authority. |
|
|
HL $
With that general principle in mind, and for the following reasons, a spark display should not be deemed to constitute the |
"use" of a CED for purposes of the specific standard explained
in Section V(l) of the Supplemental Policy (Authority to Use Conducted Energy Devices). |
|
|
HL
In other words, the authority to display a firearm, or a CED, anticipates future events and risks to public or officer safety that have not yet ripened, |
and that may never come to fruition if, as is hoped, the
exercise of constructive authority in the form of the threat to use future force is sufficient to convince the subject to submit. |
|
|
FTQ
For the foregoing reasons, the supplemental CED policy shall be interpreted to permit an officer during an encounter to on holster and display a CED-and as part of that exhibition, to activate the devices spark display function-where: (1) the purpose of such display is to create an apprehension that the device will be fired/discharged if necessary so as to induce compliance with police commands; (2) the person to home CED is exhibited is refusing to comply with police commands; and (3) the use of some form of actual force against the person |
(whether physical. mechanical, enhanced
mechanical, or deadly) may potentially be needed if the exercise of constructive authority is not successful in inducing the person to comply with the officer's commands. |
|
|
HL
These weapons may not be fired or discharged against a person who is only passively resisting police commands. |
Accordingly, in the event that the
person refuses to comply with police commands after witnessing a spark display, the officer would not be authorized to fire or discharge the CED unless all of the criteria and prerequisites set forth in the Supplemental Policy are satisfied. |
|
|
PTQ
The refusal to submit to constructive authority, in other words, does not by itself justify firing or discharging a CED, |
and nothing in this memorandum should be construed in any way to relax or lessen the standard for actually firing or discharging a CED
If threaten can't use it CAUTION MAKE SURE IF YOU THREATEN TO USE IT MAKE SURE THAT YOU CAN |
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BHL NEW
Accordingly in order to make the supplemental policy consistent both internally and with the reporting requirements of the General use of Force Policy, section (X1) of the supplemental policy is hereby amended to provide that an officer need not complete a Use of Force Report or a Conducted Energy Device Report based solely upon having conducted a spark display and where the officer did not actually fire or discharge the CED. |
If the officer is otherwise required to complete a Use of Force Report (i.e., if physical, mechanical, or deadly
force was actually employed), then such reports should, of course, in the interest of completeness, document the use of a spark display as constructive authority that was unsuccessful in preventing the need to employ actual force |
