The use of electronic control devices (ECDs) has led to a plethora of litigation and court decisions that police departments must consider when drafting policies, conducting appropriate training, and implementing ECD use. A recent decision from the U.S. Court of Appeals for the Ninth Circuit, Mattos v. Agarano,¹ reinforced and clarified applicable standards regarding the permissible use of an ECD. While only agencies located within the ninth circuit are bound by this legal standard, the remainder of U.S. agencies would be wise to consider this influential court’s analysis and rulings as a gauge when examining their current police practices as they relate to ECD use.

The Mattos case consolidates two separate, earlier cases—Mattos v. Agarano and Brooks v. City of Seattle—in which questions arose as to whether the use of an ECD involved an excessive use of force and whether the officers were entitled to qualified immunity even if excessive force was used.