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