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.

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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.

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.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. After deploying an CEW in probe mode, the officer is to collect and process the probes, along with several of the AFID tags, as evidence.

.13 A warning should be given to a person prior to activating the CEW unless to do so would place any other person at risk.

.14 When applicable, an announcement should be made to other officers on the scene that an CEW is going to be activated.

.15 After any deployment of an CEW which results in probes being attached to a person’s body, the person will be transported to a medical facility for removal of the probes. Probes attached to clothing only may be removed by an officer certified in the use of the CEW.

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.16 If first aid is necessary, it will be administered per Departmental training. If additional medical treatment appears to be needed, the officer is to call an ambulance for transport to the hospital.

.17 Officers are to consider the possibility of secondary injuries that may occur when deploying an CEW. For example, head injuries or fractures resulting from falls due to muscle incapacitation may occur. Officers are to take the possibility of secondary injuries into consideration when making the decision to deploy an CEW. When possible, steps to prevent such secondary injuries should be taken, such as backup officers catching the person as the CEW is deployed.

.18 When a subject is armed with an CEW and attacks or threatens to attack a police officer, the officer may defend himself or herself to avoid becoming incapacitated and risking the possibility that the subject could gain control of the officer’s firearm. When possible, officers should attempt to move outside the device’s range (approximately 21 feet) and seek cover, as well as request backup officers to mitigate the danger.

.19 Additional CEW discharges after the initial discharge are permissible only if the subject still poses a threat of injury. The officer is to stop administering additional discharges when it becomes evident that the CEW is not being effective in getting the person into custody.

.20 Persons who require more than one discharge (with effect) should be suspected of mental, medical, or substance abuse issues. Therefore, such persons are to be transported to the hospital for a medical examination.

.21 When possible, lowering the preferred target area to lower center of mass (below the sternum) is recommended for the following reasons: • For frontal shots, CEWs have been found to be more effective if the probes are in the abdominal to pelvic region rather than in the sternum / chest (more nerves, more muscle, and critical balance functions in the mid body). • Lowering the preferred target area will reduce the risk of a head/eye shot in a dynamic situation (as is standard for impact munitions).

Back shots remain the preferred area when practical. The darker area in the target man below represents the preferred target area.

This recommendation on shot placement recognizes that in many situations, the officer will not be able to avoid a chest shot because of movement, dynamics of the scenario, tactical issues and/or time. The recommendation is that when officers have the luxury of time and can aim to place a shot, they

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should try to aim for the preferred target areas for maximum effectiveness with minimal risk. However, in fluid and dynamic situations, officers should take the best shot available to them. This recommendation is all about improving the officers’ odds of success while minimizing risk.

.22 When practical, the officer deploying the CEW shall obtain the names of any witnesses to the incident and include them on the Equipment or Physical Force Use Report. If necessary, backup officers shall assist the deploying officer with obtaining witness names.

.23 Restrictions on use: Unless exigent circumstances exist (i.e., the officer or others are in imminent danger or injury due to the individual’s resistance) CEW’s are not to be used in the following circumstances: • against individuals in physical control of a vehicle in motion including automobiles, trucks, motorcycles, ATVs, bicycles, and scooters, or against persons operating machinery;

• against an individual who has been contaminated with a flammable substance, including alcohol-based pepper sprays. The issued Vexor pepper spray is nonflammable. If an officer becomes involved in an arrest situation with another jurisdiction who has deployed pepper spray, HPD personnel are not to deploy an CEW unless they know the spray is nonflammable;

• in any environment contaminated with any flammable or volatile substance (e.g., natural gas, kerosene, propane, etc.);

• against persons already under control with restraints unless they are exhibiting active aggression.

• in situations where the individual is at risk from a fall from an elevated position (e.g., climbing a fence or other obstacle, near a window, at the top of stairs, etc.);

• in situations where the person is in or in close proximity to water deep enough to cause drowning if the person falls into it;

• to control unruly patients unless they are exhibiting active aggression and other means of restraint are not sufficient to protect the officer or others;

• against an individual who is running away, and for whom no lawful reason to arrest or detain exists;

• against an individual for whom lawful reason to arrest or detain does exist and who is running away, if the individual appears to be stopping or getting ready to stop running. This does not preclude the officer from utilizing the CEW if the individual displays assaultive behavior or other applicable active resistance;

• solely to prevent the destruction of evidence.

• to escort individuals or otherwise induce persons to move.

• to awaken unconscious or intoxicated individuals.

• on women who are pregnant (due to risk to the fetus from the person falling).

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14.6 SPECIALIZED LESS LETHAL WEAPONS .1 Riot batons, gas gun, and chemical munitions are maintained by the Hagerstown Police Department for use during emergency or special situations. Deployment of these weapons require the user to be trained and certified or have demonstrated proficiency to a certified instructor at least annually. Such certification or proficiency shall be documented and provided to the agency. As well, remedial training shall be provided for users by certified instructors who will document remedial progress. Only officers with current certification or proficiency documentation on file can withdraw these weapons from storage on approval of a supervisor. Prior to issue to or use by an employee, each specialized less lethal weapon will be inspected by an instructor qualified in that weapon.

.2 Anytime one of the above specialized weapons 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.

.3 The SRT Commander or his/her designee will maintain a record of the chemical munitions in inventory and issued for use. The record shall list the numbers and types of chemical munition, and the dates and circumstances of deployment or disposition. The chemical munitions approved for use will be specified in a Special Order issued by the Chief of Police. Prior to issuance or listing in the inventory, each munition shall be inspected and approved for use by an instructor certified in chemical munitions. Only those approved for use will be added to the inventory or issued.

.4 The Training and Safety Sergeant will maintain a record of riot batons issued for use. The record shall list to whom each riot baton is issued and will include any identifying numbers. Riot batons approved for use by this Department shall meet the following specifications: • Length: 36" • Material: Wood, polycarbonate, thermoplastic, or acetate • Lanyard: Optional • End balls: Optional

14.7 LESS LETHAL IMPACT MUNITIONS .1 Less lethal impact munitions (LLIM) are intermediate impact weapons designed to impose pain compliance and possible incapacitation in order to gain control of assaultive individuals. Launched from either the 12 gauge shotgun, the 37mm launcher, or the 40 mm launcher, LLIM’s afford personnel the advantage of distance. They are designed to provide both physiological and psychological effects.

.2 The Less lethal impact munitions approved for use will be specified in a Special Order issued by the Chief of Police.

.3 LLIM’s are for use in the following situations: • to control persons whose assaultive behavior 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 LLIM’s are to be used in accordance with Departmental training. Only personnel trained and qualified in the use of LLIM will be authorized to use them. Training will consist of classroom, written exam, practical exercise and live fire. Officers will demonstrate proficiency to certified instructors on a yearly basis. Any officer not able to demonstrate proficiency will receive remedial training and will not be authorized to use LLIM until they can satisfactorily demonstrate proficiency. Additionally, officers must have current MPTC qualification with the shotgun in order to be certified or re-certified in shotgun launched LLIM.

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.5 LLIM’s designed for use with the 12 gauge shotgun will be used as follows: • Only shotguns with a cylinder bore (smooth bore, no choke) may be used. • Unless exigent circumstances arise, LLIM will only be deployed from 12 gauge shotguns clearly marked as a less lethal weapon. • Because the shotgun is capable of firing both regular (lethal) and less lethal rounds, shotguns will be loaded using a buddy system. The buddy system will consist of the LLIM loading rounds into an empty shotgun in the presence of the lethal cover officer. Both officers will visually identify and verify the LLIM prior to loading. Under no circumstances will lethal and LLIM be mixed in the platform or carried separately on the officer’s person.

.6 LLIM deployed from 37 or 40 mm may only be deployed by Special Response Team and Civil Disorder Unit personnel who have been trained and certified.

.7 LLIM will be only used with a lethal cover officer on scene.

.8 All accidental/unintentional discharges will be reported immediately to the on duty supervisor by the employee who discharged the munition. That employee will also file a written report detailing the incident. All discharges of LLIM as a force option will be reported according to the procedures in Chapter 12.

.9 All sworn HPD personnel at the scene of a LLIM discharge are responsible for ensuring that first aid is provided as needed to any person struck, and that the person is transported to the hospital for medical treatment.

.10 At the scene of a LLIM discharge, the on-duty supervisor is responsible for ensuring the suspect and the scene are photographed, that distances are recorded, and that all spent rounds and projectiles are collected as evidence according to departmental procedures (see Chapter 19). LLIM’s coming in contact with a person or animal are to be collected as bio-hazardous evidence.

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