| 7. STEPS FOLLOWING CEW DEPLOYMENT—PROCEDURAL | |||||||||||||||||
| Municipal Police Forces | Other Agencies | ||||||||||||||||
| Abbotsford | Central Saanich | Delta | Kitasoo | Nelson | New West | Oak Bay | Port Moody | Saanich | Stl'atl'imx Tribal Police | Transit Authority Police | Vancouver | Victoria | West Van | Corrections | RCMP | Sheriffs | |
| General | |||||||||||||||||
| Each law enforcement agency is an expert in and responsible for its own post-deployment policies and procedures. (TI v.14) | √ | √ | √ | √ | √ | ||||||||||||
| Law enforcement agencies are not liable for product liability litigation. (TI v.14) | √ | √ | √ | √ | √ | ||||||||||||
| Liability exposure related to use of force, policy, training, and use-of-force related injuries/deaths are the responsibility of each law enforcement agency. (TI v.14) | √ | √ | √ | √ | √ | ||||||||||||
| Legal articulation is the ability to explain the situational factors, your perception and risk assessment of a situation, and relate continually to the IM/IM, RCMP policy, and the Criminal Code. | √ | √ | √ | ||||||||||||||
| Evidentiary protocol | |||||||||||||||||
| Collect expended cartridge and place into evidence. (TI v. 12, v.13, v.14) | √ | √ | √ | √ | √ | √ | √ | √ | √ | ||||||||
| Collect expended cartridge and place into evidence as directed by department policy. (TI v.12, v.13, v.14) | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | |||||
| Collect expended probes and place into evidence as directed by department policy. (TI v.12, v.13, v.14) | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | |||||
| Use surgical gloves to “encase” the cartridge and probes. | √ | ||||||||||||||||
| Collect expended anti-felon identification tags (AFIDs) and place into evidence as directed by department policy. (TI v.12, v.13, v.14) | √ | √ | √ | √ | √ | √ | √ | √ | √ | ||||||||
| AFIDs do not need to be collected as evidence. | √ | ||||||||||||||||
| There are at least 20 AFID tags per cartridge, and the serial number is matched to the cartridge. AFIDs have been used to validate an officer’s story. | √ | √ | √ | √ | √ | √ | |||||||||||
| AFIDs are not generally collected but may be relevant for crime scene investigation. | √ | √ | √ | ||||||||||||||
| Several agencies have either changed their policies or are considering doing so as it relates to collecting cartridges, probes, and AFIDs as evidence because they | √ | √ | √ | √ | √ | ||||||||||||
| have determined they are of little evidentiary value in most cases. It should be noted that much can be determined by close examination of probes and wires. | |||||||||||||||||
| This would be of particular importance in cases where a CEW device did not incapacitate a subject and officers had to resort to deadly force. (TI v.14) | |||||||||||||||||
| The CEW coordinator provides monthly statistics on CEW use. | √ | ||||||||||||||||
| Protocol when the subject is grievously injured or killed | |||||||||||||||||
| Do not assume that the medical examiner is familiar with sudden death or excited delirium. (TI v. 13, v.14) | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | ||||||
| Obtain core body temperature prior to death or as soon as possible after death. (TI v.13, v.14) |
√ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | |||||
| Ensure that the hospital takes body core temperature, even hours after death. | √ | ||||||||||||||||
| Collect brain tissue samples for determining chronic drug (especially stimulant) abuse. This process is very time sensitive, as there is only 12 hours to collect, | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | |||||
| harvest, prepare, and freeze samples. The coroner or medical examiner must contact the University of Miami to do this, at 1 800-UM-BRAIN. (TI v.13, v.14) | |||||||||||||||||
| Discuss with coroner ASAP the concept of brain examination (Miami). | √ | ||||||||||||||||
| The University of Miami can take brain tissue collected in first 24 hours. | √ | ||||||||||||||||
| Keep the battery in the device because this will keep the integrity of the internal clock. | √ | ||||||||||||||||
| Obtain information about whether the device could be heard arcing when it was deployed. | √ | ||||||||||||||||
| Conduct a physiological autopsy. (TI v.13, v.14) | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | √ | ||||||
| TASER International recommends that a department spokesperson attend training to understand technology/organize crisis plan for a sudden death. (TI v.14) | √ | √ | √ | √ | √ | ||||||||||||
| In the event of a sudden death following the use of a CEW device, refer to the sudden death checklist located in the supporting documents file. (TI v.14) | √ | √ | √ | √ | √ | ||||||||||||
| Obtain as much information as possible from the CEW operators involved regarding the incident. (TI v.14) | √ | √ | √ | √ | √ | ||||||||||||
| Departments may contact TASER International for medical and legal expert advice. (TI v.14) | √ | √ | √ | √ | √ | ||||||||||||
| Departments should never contact TASER International for medical and legal expert advice. | √ | √ | √ | ||||||||||||||
| Prepare a media statement and provide the media with information about CEW technology. (TI v.14) | √ | √ | √ | √ | √ | ||||||||||||
| If injury or death occurs proximal to CEW exposure, treat the scene like a major crime scene. | √ | √ | √ | ||||||||||||||
| If injury or death occurs proximal to CEW exposure engage, in evidence collection/photographs/video. | √ | √ | √ | ||||||||||||||
| Obtain witness statements. | √ | √ | √ | ||||||||||||||
| Seize the weapon or cartridge involved. | √ | √ | √ | ||||||||||||||
| Seize the deceased or injured party’s clothing as it can help determine the distance of the shot. | √ | √ | √ | ||||||||||||||
| If an in-custody death (ICD) occurs, warn the public and the media not to jump to conclusions; avoid description as a “taser death”; find out vital ICD details | √ | ||||||||||||||||
| including the time between the CEW deployment and death; and the effectiveness of the CEW system (did it gain compliance?) . | |||||||||||||||||
| Obtain information about the location of probes and make sure photos are taken including measurements. | √ | ||||||||||||||||
| Obtain information about the type of CEW use: was it probe or drive-stun deployment? | √ | ||||||||||||||||
| Obtain information about whether there was other force used. | √ | ||||||||||||||||
| Obtain information about whether the officer was trained in the system. | √ | ||||||||||||||||
| Obtain information about whether alcohol or narcotics played a factor in the incident. | √ | ||||||||||||||||
| Obtain information about the subject’s behaviour before and after the exposure. | √ | ||||||||||||||||
| Complete a dataport download as part of the investigation and evidence collection. | √ | √ | √ | ||||||||||||||
| Download the device within 48 hours of the event. | √ | ||||||||||||||||