Bexar County Sheriff's Office Policy Manual (PDF)

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number April 30, 2014 September 29, 2023 Nine Appendix A Subject Office Less than Lethal W...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number April 30, 2014 September 29, 2023 Nine Appendix A Subject Office Less than Lethal Weaponry – Impact Weapons Sheriff’s Administration References Enclosures None None Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees April 30, 2014 September 29, 2024 3 Approved by: Javier Salazar, Bexar County Sheriff 9A.01 POLICY It is the policy of the Bexar County Sheriff’s Office (BCSO) that all force used in the performance of law enforcement duties must be objectively reasonable. Deputies must use only the force that a reasonably prudent law enforcement officer would use under the same or similar circumstances and in accordance with policy and procedure outlined in Chapter 9 Use of Force. A deputy’s actions will be reviewed based upon the information known to the deputy at the time the force was used. Deputies are authorized to use BCSO-approved less-lethal impact weapons only when lesser use of force is insufficient, and the use of force is immediately necessary. 9A.02 PURPOSE This policy provides deputies with guidelines for the use of less-lethal impact weapons. 9A.03 DEFINITIONS A. APPROVED WEAPON – Any weapon approved for use by the BCSO. B. AUTHORIZED WEAPON – Any approved weapon for which the deputy has received the prescribed training course, certification, and its use is also approved for usage by the deputy’s current duty assignment. C. BLUNT FORCE – Force that causes pain or injury and results from an impact with a blunt object or one that does not possess sharp edges. D. DEADLY FORCE – Force that is intended or known to cause, or that, by the manner of its use or intended use is capable of causing death or serious bodily injury. E. FORCE - Any physical contact with a person by a deputy using the body or any object, device, or weapon, not including un-resisted escorting or handcuffing a subject. F. IMPACT WEAPON – Any less-lethal weapon designed and used to strike a person and inflict pain or injury through blunt force. 1 G. LESS-LETHAL FORCE – Force applied with the intention to subdue or render a subject as non- threatening, with a lower probability of causing death or serious bodily injury. H. LESS-LETHAL WEAPON – Weapons less likely to cause death or serious bodily injury than traditional deadly weapons such as firearms. For the purposes of this policy, the term less-lethal weaponry includes, but is not limited to, pepper spray, pepper ball, distraction devices, electronic control device (ECD), beanbag, and other similar weapons. See also Less-Lethal Force. I. NECESSARY FORCE – Force which does not exceed the minimum amount and degree of force sufficient to achieve a legitimate law enforcement objective. J. OBJECTIVELY REASONABLE USE OF FORCE – In determining the necessity for force and the appropriate level of force, officers shall evaluate each situation in light of all the known circumstances, including, but not limited to, the severity of the crime at issue, whether the subject poses an immediate threat to the safety of the officers or others, and whether the subject is actively resisting arrest or attempting to evade arrest by flight. All uses of force must be reasonable from an objective perspective, which means reasonable from the perspective of a reasonable officer on the scene. 9A.04 TRAINING A. Only deputies who have successfully completed the prescribed training course and received proper certification which assures safe and proper handling of this equipment shall be eligible/authorized to use impact weapons in the performance of their duties. No deputy shall carry impact or less lethal weapons without proper training, certification, and approval. B. This training will be properly documented, approved by the BCSO Training Academy Commander, and in the deputy’s training file at the BCSO Training Academy and as appropriate in the Human Resources Office. 9A.05 CARRY OF IMPACT WEAPONS A. Deputies assigned to the Law Enforcement Bureau while on duty shall carry at least one less -lethal weapon which may include an approved and authorized impact weapon. B. Deputies assigned to the Detention Bureau when outside the secure areas of the Bexar County Adult Detention Center, it’s Annex and South Tower may carry an approved and authorized impact weapon. 9A.06 APPROVED IMPACT WEAPONS A. The BCSO has selected and approved the ASP© expandable baton in the sixteen (16) inch length for plainclothes deputies and either twenty-one (21) or twenty-six (26) inch length for uniformed deputies. 2 B. Deputies assigned to the Adult Detention Center Special Emergency Response Team (S.E.R.T) and any equivalent Law Enforcement Bureau special operations teams may be required to utilize the straight baton in the course of their duties. Straight batons are only to be used on-duty by those deputies trained and certified in their use. Deputies will not carry straight batons off -duty whether they are trained in their use or not. 9A.07 GENERAL RULES A. Impact weapons may be used whenever force is legally justified, necessary, and lesser methods have failed or are impractical under the circumstances. De-escalation techniques shall have failed before deputies resort to impact weapons or greater force levels. B. Batons are not designed to be used as a club or bludgeon and should not be raised above the head to strike a blow to any person in non-deadly force situations. Strikes with the batons should be short and snappy and delivered only to incapacitate temporarily or to deter the adversary (such as strikes to the shins, knees, and elbows). When used properly, in accordance with this policy, the use of batons are considered the most dramatic form of non-deadly force and it must be undertaken prudently. C. Strikes with the baton to the head or neck, or strikes capable of inflicting permanent injury shall be made only to defend himself or herself or another from an imminent threat of serious bodily injury or death, and then only if BCSO-sanctioned methods are not available to defend against the threat. D. Strikes with a flashlight to the head or neck, or strikes capable of inflicting permanent injury shall be made only to defend himself or herself or another from an imminent threat of serious bodily injury or death, and then only if BCSO-sanctioned methods are not available to defend against the threat. 9A.08 AFTER USE ACTION A. Deputies who deploy impact weapons will request medical assistance and care for the suspect as soon as it is safe to do so in accordance with Chapter 9.10 Medical Assistance. B. Deputies will follow proper reporting procedure in accordance with Chapter 9.12 Required Reports and submit BCSO Form 350-454 Use of Force Report. 3