Less Lethal Weapons

CHAPTER 11.0

APPENDIX A

LESS LETHAL WEAPONS

General Regulations

These procedures on the use of less lethal weapons should be read and interpreted with and subject to the provisions of C.G.S. 53a-22 and Chapter 11.0 of the Department Directives Manual, Use of Force. Officers should especially be familiar with Directive11.1.2, Use of Force Continuum.

Only officers who have satisfactorily completed a department training course, the recommended manufacturer certification course, and have demonstrated a proficiency in the use of less lethal weapons, shall be authorized to carry such weapons. Officers shall be evaluated annually on their proficiency in the use of CEW and biennial for all other less lethal weapons. Officers not meeting proficiency standards shall be remediated pursuant to Directive 11.1.12. Training shall be monitored by a certified weapons instructor.

Members of the Emergency Services Unit, supervisors, and officers who use any less lethal weapon shall file a detailed written report of the incident to include the nature of the act which justified the use of said methods, devices, or weapons, including, but not limited to, events and communications leading up the physical confrontation, the subjects behavior, the environment in which the incident took place, and any injuries sustained by anyone during the event. A Response to Resistance and Aggression Report (NPD Form # 072) shall be completed.

A copy of the reports shall be forwarded to the Chief of Police through the chain of command.

Once officers engage in detection and restraint procedures, regardless of the type of force option, it is important to minimize the duration of the physical struggle and amount of force used. The longer the struggle, the greater the risk of injury or death related to overexertion, trauma, or escalation.

Officers shall request an ambulance for any person affected by a less lethal weapon or shall afford them transportation to the hospital for treatment. If the person refuses medical treatment, note the name of the medical personnel who accepted refusal in the written report.

Officers shall not remove CEW probes from a subject which have implanted anywhere on a subject’s body. CEW probes shall be removed by medical personnel only.

Any person taken into custody who has been affected by a less lethal weapon shall be transported to the hospital for treatment. Accept no refusal by this person. If treatment is refused at the hospital, include the name of the medical personnel who accepted the refusal in the written report. Subjects affected shall NOT be transported face down.

Officers who take a person into custody who has been affected by a less lethal weapon shall notify the desk officer and the holding facility officer in addition to the platoon commander. Holding facility personnel shall monitor prisoners who have been affected by a less lethal weapon and ensure that the prisoner receives additional medical treatment if necessary or requested.

When a complaint is made related to the use of any less lethal weapon the civilian complaint procedure shall be followed.

11-47 Chapter 11 – Appendix A 09/18

Oleoresin capsicum (pepper spray)

Oleoresin capsicum shall only be used in those circumstances in which the use of force is justified and then only to the extent necessary to affect an arrest. Oleoresin capsicum shall never be used indiscriminately or punitively and shall not be applied to any person once that person is under control.

Officers shall carry only pepper spray that has been issued by the department. Pepper spray shall be carried at all times when on uniform patrol. It is the officer’s responsibility to report damaged or expired units to the Training and Recruitment Division for repair or replacement.

Officers are cautioned against using pepper spray at a distance of less than three (3) feet to avoid contaminating themselves. The optimal effective range of OC spray is 8 to 10 feet. Officers must also take into consideration the environment before using pepper spray, (i.e. ventilation, bystanders, and other officers).

Pepper spray shall be applied in quick bursts to the area of the face, specifically the eyes, nose and mouth. Officers should attempt to control the subject with the least amount of pepper spray necessary. It is recommended initial applications be made in 2 quick bursts. If the application of pepper spray fails to subdue the subject, the officer should consider other means that are in compliance with departmental regulations and law.

After gaining control of a subject that has been affected by pepper spray, officers shall monitor and verbally reassure that person that they are safe and will recover from the effects if they remain calm and try to breathe normally. Initial treatment can begin by moving exposed subjects to fresh air and flush the contaminated areas with large amounts of cool water. If any subject(s) sprayed with pepper spray is wearing contact lenses, they should be permitted to remove them. When handling a subject whose clothing has been contaminated by the pepper spray, precautions should be taken that they dried oleoresin capsicum residue does not get transferred and contaminate the officer. Contaminated clothing should be removed and a change of clothing arranged for the subject as soon as possible. Medical attention for persons affected by pepper spray shall be handled according to the provisions of this directive under general regulations. Persons exposed to pepper spray should be seated in an upright position whenever possible and their condition monitored to reduce the possibility of positional asphyxia.

Monadnock Autolock Expandable Baton

Members of the department shall be issued a Monadnock Autolock expandable baton which shall be carried at all times when on uniform patrol.

Members of the department are required to complete the basic certification course in the use of the Monadnock Autolock expandable baton at the P.O.S.T. Training Academy or be certified by department instructors in the use of the Monadnock Autolock expandable baton.

The Monadnock Autolock expandable baton is more versatile and effective when the structural weaknesses of the human body pictured in the department training booklet are utilized. Officers should only strike non-lethal areas unless deadly physical force is justified by the circumstances. Whenever lethal force is not justified, avoid a person’s head and neck area entirely, as per training received.

11-48 Chapter 11 – Appendix A 09/18

40mm Launcher

These less lethal weapons shall be used only by officers trained and authorized.

Officers investigating an incident will be responsible for evaluating each and every encounter which may require the use of these weapons. An officer shall request a supervisor to respond with these weapons, whenever they are doubtful about the situation.

When the weapons are used the procedures for the collection, preservation, and identification of evidence shall be followed. Photographs of the injured or allegedly injured area shall be taken in all incidents.

Chemical Munitions/Impact Munitions

These less lethal weapons shall be under the control of and be used only by trained members of the ESU. Only the commanding officer, or his designee, of the ESU shall authorize the use of these weapons.

The commanding officer of the ESU will be responsible for evaluating every encounter which may require the use of these weapons. When the weapons are used the procedures for the collection, preservation, and identification of evidence shall be followed. Photographs of the damage, injured or allegedly injured area shall be taken in all incidents.

Conducted Electrical Weapon

A Conducted Electrical Weapon (CEW), TASER, or stun-gun disrupts a subject’s central nervous system by means of deploying battery powered electrical energy sufficient enough to cause neuro- muscular incapacitation (NMI) and override an individual’s voluntary motor responses.

The CEW will be carried by trained, authorized personnel in an approved holster on the support side of the body. Officers authorized to use a CEW that are not assigned to patrol duties may utilize other department-approved holsters and carry the weapon consistent with department training.

An officer authorized to carry a CEW (TASER X26 or X26P) shall also carry a minimum of one spare cartridge as a back-up in case of a cartridge failure, the need for reapplication, or when the probes of the first cartridge do not make or maintain contact during initial engagement. The spare cartridge shall be stored and carried in a manner consistent with training. An officer authorized to carry a CEW (TASER X2), shall do so with both issued cartridges loaded as per manufacturer specifications and department training. Cartridges shall be replaced consistent with the manufacture expiration requirements.

Prior to deployment, the officer is responsible to visually and physically confirm that the device selected is a CEW and not a firearm. As soon as reasonably possible, the officer shall request a supervisor to respond to the scene of a potential or completed CEW deployment.

The officer deploying the CEW should notify any on-scene assisting officers of his/her intent to deploy the CEW by announcing a verbal warning, if feasible. The announcement should be made only if it would not endanger any civilians, officers, or the suspect.

The center mass of the subjects back is the primary aiming point and the abdominal to pelvic region of the subject’s front are the secondary aiming points. Chest/breast shots should only be utilized as a last resort. Officers shall make reasonable efforts to avoid striking persons in the head, neck, eyes or genitals. Officers should use a CEW for one standard cycle (5 seconds) and then evaluate the situation

11-49 Chapter 11 – Appendix A 09/18 to determine if subsequent cycles are necessary. In determining the need for additional cycles, officers should be aware that an energized subject may not be able to respond to commands during or immediately following exposure. Officers should only deploy the CEW to the extent necessary to gain control of the subject and should not intentionally activate more than one CEW at a time against a subject. Any further applications should be justifiable. The CEW allows the officer to deploy at a distance of 12 to 21 feet, with a maximum distance of 25 feet.

The CEW should not be used in the following circumstances unless the officer can articulate facts and circumstances in which such use was reasonable:

 A subject has been exposed to combustible elements that may be on their person or in the atmosphere, such as gasoline fumes.  An Officer has reason to believe the subject is pregnant, unless deadly force would be justified, due to the danger created by the possibility of muscle contractions leading to premature birth.  Where there is a risk that a fall or secondary impact may cause substantial injury or death.  A subject is standing in water where the possibility of drowning may exist.  A subject is in control of a motor vehicle or motorized equipment which is in gear or an instance where it would set the vehicle into an uncontrolled motion.  A subject that weighs less than 100 pounds.  A subject is at the extremes of age, physically disabled, or seriously ill.  A subject is handcuffed, except in emergencies in which a reasonable officer would believe that bodily harm to another person or persons is imminent, to prevent escape, or actively resisting.  A subject who is unconscious.  Use of multiple CEWs at the same time  A subject who is holding a firearm.  In a drug house where ether or other flammable chemicals are suspected.  To prevent a suspect from swallowing evidence.  To terminate a foot pursuit for merely fleeing  Flight alone does not constitute sufficient justification to deploy a CEW to terminate a foot pursuit

The CEW shall never be used indiscriminately or punitively and shall not be applied to any person once that person is under control.

Use of a CEW on a vicious animal is authorized when it is threatening or is attacking a person, an officer, or another animal and, other conventional means to control the animal have been exhausted or may be unreasonable or unavailable.

The CEW may also be used in exigent circumstances by direct contact to the subject in a “drive stun” mode. Preferably, with the cartridge removed from the device (for TASER X26 & X26P) or under unavoidable circumstances with a live cartridge still loaded in the device. The TASER X2 does not require the removal of its cartridges to apply a “drive stun” technique due to its design. The CEW is pressed firmly into an appropriate body area such as the abdominal region, hips, thigh, the brachial plexus origin on the side of the neck, and the pelvic girdle. This technique will not cause incapacitation, only the potential of “pain compliance.”

A CEW is not meant as a substitute for deadly force and should not be used in those situations. Subjects affected by a CEW shall be carefully monitored for any signs or symptoms of failure to recover from a CEW exposure especially subjects that exhibited uncontrolled or irrational behavior just prior to CEW deployment. Medical attention for persons affected by and CEW shall be handled according to the provisions of this Directive under General Regulations.

Photograph(s) identifying the suspect, to include the affected area(s) and any other related injuries, should be taken before and after the probe(s) have been removed and following any medical treatment, 11-50 Chapter 11 – Appendix A 09/18 before bandaging. Where the “drive stun” method has been used, photographs are extremely important due to increased potential for this method to cause scarring.

Evidence collection shall include any expended air cartridges, wire leads, and probes (packaged in appropriate sharps container), as well as clearly identifying any deployed CEW by model number and serial number in both the incident and the response to resistance and aggression reports. Officers should bring their CEW’s to their shift commander or, if unavailable, to the Training and Recruitment Division for downloading of the software.

As indicated under the General Regulations section of this Appendix, a written report and response to resistance and aggression form are required when a CEW is pointed or fired at a subject or used in a direct contact stun mode. In addition, a written report and RREA form shall be completed to detail justification for use of a CEW when it is presented as a “show of force” with the laser dot pointed at or projected onto a person or a spark is displayed. A “spark display” shall not be used in a punitive or coercive manner.

As soon as practicable, after each deployment, the state form and CEW download will be forwarded to the State of Connecticut Criminal Justice Policy and Planning Division within the Office of Policy and Management by the Chief of Police or his designee in accordance with state statute.

Police Mountain Bike

The police mountain bikes shall be used only by authorized officers who have received specialized training.

Generally, police mountain bikes are used as an alternate mode of transportation for officers that facilitate a quicker response over walking, allow for silent operation, are highly maneuverable, and have the capability to access spaces not possible with a vehicle.

Additionally, with specialized training, police mountain bikes are capable of being used as a defense implement by shielding and/or blocking an aggressor(s)’s attack against the officer or third person. Police mountain bikes are also capable of being used by the officer as an impact implement towards an aggressor(s) in self-defense, in the defense of another, and/or as a means of gaining control of a subject(s) for lawful purposes.

Police mountain bikes shall be subject to the same use of force parameters as other objects listed in the Use of Force Continuum, when used in such a manner.

As with any other applicable use of force incident, and as indicated under the General Regulations section of this appendix, a written report and response to resistance and aggression form are required when a police mountain bike is used as a force implement.

11-51 Chapter 11 – Appendix A 09/18

11-52 Chapter 11 – Appendix A 09/18