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Chapter 14 Less Lethal Weapons

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Chapter 14 Less Lethal Weapons CHAPTER 14 LESS LETHAL WEAPONS 14.1 POLICY LIMITATIONS The rules, policies, and procedures found in Chapter 14 are for departmental use only and do not apply in any criminal or civil proceeding. The departmental policies should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third party claims. Violations of these rules, policies, or procedures will only form the basis for departmental administrative sanctions. 14.2 GENERAL GUIDELINES .1 The primary purpose of less lethal weapons are to be defensive tools which would allow police officers to overcome a violent subject resisting arrest, and /or assaulting an officer or another person, thereby allowing the officer to take the offender into custody and bring an unlawful situation safely and effectively under control. .2 Less lethal weapons should be used as intermediate weapons in the escalation of force in making an arrest. They would be properly used when the officer cannot achieve control of the subject by means of verbal commands, physical restraints (control or come along restraints), or has reasonable belief that such commands or physical restraints would be ineffective, and when the use of a firearm would not be justified. .3 HPD personnel may only carry those weapons which are departmentally issued or approved. Only personnel who have received departmentally approved training and who have demonstrated proficiency in the use of departmentally approved weapons may carry such weapons. This is not meant to prevent an employee from utilizing any object at his/her disposal as a weapon in exigent circumstances which would justify the use of such an object as a weapon. .4 Less lethal weapons and weaponless control training and proficiency certification will be documented and given by certified instructors. In the event an officer fails proficiency testing, the instructor may provide remedial training and proficiency testing the same day as the initial training and testing. If the employee officer cannot pass on the first scheduled day of proficiency testing, the instructor shall immediately notify the employee, regardless of rank, that his/her authority to carry the weapon or use the control technique is temporarily suspended pending the successful completion of remedial training and proficiency testing. The Chief of Police, Operations Captain, and employee’s supervisor will be notified no later than the following day. Upon receipt of said notification, a written order suspending the employee’s authority to carry the weapon or use the control technique will be issued. The employee may receive any number of remedial training sessions and attempts to pass proficiency testing. If the employee fails to pass within a 30 day period, written notice of the failure will be forwarded to the Chief of Police via channels. The Chief of Police will determine what action to take at that time. .5 When using less lethal weapons, care should be taken not to injure any innocent party or uninvolved persons. .6 Prior to issuance or approval for carry, Departmentally and personally owned less lethal weapons shall be inspected by an instructor certified on the specific weapon. Those that have been inspected and verified as operating safely shall be designated as “In Service” in the Department’s electronic inventory system. Documentation of factory inspection of new weapons shall satisfy the inspection and approval requirement. Less lethal weapons acquired without factory inspection documentation will be designated as “Out of Service” until inspected and approved by a less lethal weapon instructor. Departmental inspection/approval shall be documented on the HPD Weapon Inspection and Approval Certification form. Additionally, weapons removed from service due to malfunction or unsafe condition must be inspected and certified on the same form before issuance or approval for carry. Less Lethal Weapons CHAPTER 14 Page 1 of 7 LESS LETHAL WEAPONS CHAPTER 14 14.3 THE POLICE BATON .1 The Police Baton shall only be used in accordance with departmental training, specifically the courses designed by Monadnock Lifetime Products, Inc., and taught by instructors certified through Monadnock Lifetime Products, and according to Department policy regarding use of force (refer to Chapter 12). Officers must maintain current certifications in order to be permitted to carry the Police Baton. Officers are only authorized to carry the Department issued Monadnock expandable straight baton with a baton specific holder, any personally owned model of the Monadnock expandable straight baton with a baton specific holder, or any comparable version of the Monadnock straight expandable baton. Prior to issue to or use by an officer, all batons will be inspected by a certified baton instructor to ensure they meet the above specifications. .2 Anytime an issued baton is found to be or suspected of being unsafe, it shall be turned over to a certified instructor who will determine the most practical corrective course of action. The officer shall be issued a replacement if needed. .3 All officers shall be held responsible for the condition of any personally owned batons carried by them. Anytime a personally owned baton is found to be or suspected of being unsafe, the officer will remove it from service until it is repaired or replaced, inspected, and approved by a certified baton instructor. 4. After initial certification by a certified instructor, all uniformed patrol officers and plain clothes personnel carrying a police baton will demonstrate proficiency with the baton annually. Such proficiency will be documented and remedial training provided to those persons unable to demonstrate proficiency. Batons shall only be carried by those officers who satisfactorily demonstrate proficiency. .5 The Training and Safety Sergeant will maintain a record of the batons issued or carried by officers. The record shall list each officer and the type of baton issued to the officer or approved for the officer’s use, and will include any identifying numbers. 14.4 OLEORESIN CAPSICUM INDIVIDUAL PROTECTIVE DEVICE (IPD) .1 Individual Protective Devices will be used in accordance with Department training. .2 Only those personnel who have been trained in the use of the individual protective device will be allowed to carry or use them. The initial training includes classroom as well as being sprayed. A member must have both classroom and exposure for authorization to carry the IPD. Bi-annually (odd years), officers will have to demonstrate proficiency to certified instructors. All training will be documented. Officers unable to demonstrate proficiency will receive remedial training and shall not carry the weapon until satisfactorily demonstrating proficiency. .3 Only IPD's which contain oleoresin capsicum will be used and must be inspected and approved by a qualified IPD instructor prior to use. .4 If first aid is necessary, it will be administered per Departmental training. .5 Any accidental discharge, which results in personal injury to any person, must be reported in writing as soon as possible to the shift supervisor. .6 When a IPD is approximately ½ full, a chemical instructor must be notified so a replacement can be issued. .7 Anytime an IPD is found to be or suspected of being unsafe, it shall be turned over to a certified instructor who will determine the most practical corrective course of action. The officer shall be issued a replacement if needed. CHAPTER 14 Less Lethal Weapons Page 2 of 7 CHAPTER 14 LESS LETHAL WEAPONS .8 The Training and Safety Sergeant will maintain a record of the IPDs issued to officers. Each can will be inscribed with an identifying number. The record shall list each to whom each IPD is issued, and will include any identifying numbers. 14.5 CONDUCTED ELECTRICAL WEAPONS (CEW) .1 Actively resisting (i.e. Level 3) or assaultive suspects (i.e. Level 4) frequently present a risk of injury to officers and themselves. This can be due to the physical actions they take to avoid being taken into custody, as well as their potential to escalate quickly to assaultive behavior. Conducted Electrical Weapons (CEWs) are a force option intended to be used in the following situations: • to control persons whose attempt to prevent a lawful arrest or custody puts officers and themselves at risk of physical injury; • to control individuals whose actions can reasonably be expected to intentionally harm themselves or others; • to protect an officer or others from a dangerous, aggressive animal. .4. The approved CEW is any issued Taser® model. No other CEWs are approved for use by Department personnel. All CEW’s will be inspected and approved by a certified CEW instructor before being placed in service. .5 Only cartridges issued by HPD are approved for duty use. .6 Anytime a Department issued CEW is found to be or suspected of being unsafe, it shall be turned over to a certified instructor who will determine the most practical corrective course of action. .7 The Training and Safety Sergeant will maintain a record of all agency-owned CEWs. The record shall list to whom each CEW is issued and will include any identifying numbers. .8 CEWs may only be used in accordance with Departmental training and Department policy and procedures. .9 Only those persons who successfully complete the manufacturer’s training course and annual recertification will be certified to use the CEW. .10 Personnel to whom an CEW and/or cartridge has been issued are responsible for the safe storage of that equipment when not in use (i.e., when the officer is off-duty). .11 The CEW will be carried in the issued or otherwise approved holster. The holster will be kept on the officer’s support side (opposite the sidearm), to avoid the accidental drawing and/or firing of the sidearm. .12 The CEW “Probe Mode” should be the primary use option, with “Drive Stun Mode” generally used as a secondary option.
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