Item B: Eugene Police Department Taser Policy

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escalation) are available to apprehend the individual, and any other relevant circumstances to determine whether the discharge of a Taser is reasonable for the situation. Authorized personnel may discharge the Taser only when the totality of the circumstances known to the individual officer at the time indicate that the application of the Taser is reasonable to subdue or control: (1) a person who, by his/her words or conduct, the officer reasonably believes creates a credible threat (coupled with the means and ability to carry out the threat) of serious physical injury to the person himself/herself, the officer, or another person; or (2) a person who, by his/her words or conduct, the officer reasonably believes creates an immediate credible threat (coupled with the means and ability to carry out the threat) of physical injury to the person himself/herself, the officer, or another person; and who engages in active resistance to a lawful police action; or (3). a person () who flees from arrest for a crime for which a person would normally be taken into custody, in lieu of using another force option more likely to result in injury to the subject or officer. The fact that a person is fleeing should not be the sole justification for discharge of a Taser, and the crime involved must be either (a) a felony, or (b) a misdemeanor involving: Injury, or threat of injury, to a person; A sex crime in violation of ORS 163.305 to 163.479 or an equivalent violation of the Eugene Code; A violation of a court protective order (e.g. restraining order, stalking protective order); or (4) a person assaulting, or attempting to assault, a public safety officer. (b) In determining whether a Taser should be used in a situation involving a large number of people, the officer should consider whether the use of the Taser may escalate the situation. (c) For purposes of this policy, “arrest” includes situations in which a juvenile is being taken into custody for an offense constituting a crime or in which a person is being taken into custody as a danger to self or others under the authority of ORS 426.228. 309.4.2 RESTRICTIONS ON TASER USE Even if authorized by §309.4.1, the discharge of the Taser is restricted under the following circumstances: (a) The Taser should not be discharged against the individuals listed below, who may be more susceptible to injury, unless one of the listed exceptions exists. Females who are known to be, or who obviously are, pregnant Elderly individuals or young children (e.g., obviously less than 12 years of age) Individuals who are known to be, or who obviously are, medically fragile Individuals who have been recently sprayed with alcohol-based OC Spray or who are otherwise in close proximity to, or contaminated with, flammable liquids or gasses Individuals whose position or activity may result in collateral injury (e.g., falls from Police Commission Recommendations – Taser Guidelines, Redlined Draft April 8, 2010 Page 3