February 2024 Corporal Test PDF

OATH OF OFFICE & CODE OF ETHICS INDEX CODE: EFFECTIVE DATE: 102 10-11-16 Contents: I. II. III. IV. V. VI. VII. Ethics/Code of Conduct Public Ethics Law Law Enforcement Officers Code of Ethics Oath of Office Training Proponent Unit Cancellation I. ETHICS/CODE OF CONDUCT The Anne Arundel County Police...

OATH OF OFFICE & CODE OF ETHICS INDEX CODE: EFFECTIVE DATE: 102 10-11-16 Contents: I. II. III. IV. V. VI. VII. Ethics/Code of Conduct Public Ethics Law Law Enforcement Officers Code of Ethics Oath of Office Training Proponent Unit Cancellation I. ETHICS/CODE OF CONDUCT The Anne Arundel County Police Department exists because the community, through government, empowers the police department to do a job on its’ behalf. The police department and its’ employees are tasked to function effectively, partly through personal endeavors and commitment to the profession, but primarily because the community has faith and confidence in our ability to accomplish the task of enforcing the laws of the land and responding to community concerns in an honest and impartial manner. The citizens of Anne Arundel County are entitled to expect:  A police department that is beyond reproach in matters of integrity.  Impartial and courteous services.  Open and honest communication that encourages trust.  Responsible and accountable management of police department resources. The policy of the department is to ensure that all employees maintain an exemplary standard of personal integrity and ethical conduct in their relationship with other employees and the community. II. PUBLIC ETHICS LAW All personnel, sworn and civilian are responsible for understanding and complying with the Public Ethics Law, Article 7 of the Anne Arundel County Code. This law contains minimum standards of conduct to ensure that there are no conflicts between an employee’s official duties and the employee’s personal interests. Employees may call, write or visit the Anne Arundel County Ethics Commission office for advice about an ethical issue at any time. The Public Ethics Law can be found at http://www.aacounty.org/CountyCode/ III. LAW ENFORCEMENT OFFICERS CODE OF ETHICS The Law Enforcement Code of Ethics that follows is adopted as the standard of conduct for sworn officers of the Anne Arundel County Police Department. “As a law enforcement officer, my fundamental duty is to serve mankind, to safeguard lives and property, and to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder, and to respect the Constitutional rights of all people to liberty, equality and justice”. Anne Arundel County Police Department Written Directive 1 Index Code: Effective Date: 102 10-11-16 I will keep my private life unsullied as an example to all, maintain courageous calm in the face of danger, scorn or ridicule, develop self-restraint, and be constantly mindful for the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity, will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself to my chosen profession – law enforcement.” IV. OATH OF OFFICE All personnel, prior to assuming sworn status, will take the below oath of office to uphold the Constitutions of the United States and the State of Maryland, and to enforce the laws of the State of Maryland and Anne Arundel County. The oath of office will be administered by the Chief of Police. All sworn officers will abide by the oath of office while employed by this department as a law enforcement officer. “I, (name), do swear, that I will support the Constitution of the United States and that I will be faithful and bear true allegiance to the State of Maryland and support the Constitution and laws thereof, and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the Office of Police Officer, in and for Anne Arundel County, according to the Constitution of this State.” V. TRAINING Ethics training will be conducted for all personnel at least biennially. This training may consist of classroom, shift briefing or training bulletins, or any combination of these methods. VI. PROPONENT UNIT: Office of the Chief. VII. CANCELLATION: This written directive cancels Index Code 102, dated 09-25-15. 2 Anne Arundel County Police Department Written Directive AGENCY CORRESPONDENCE INDEX CODE: EFFECTIVE DATE: 206 10-27-20 Contents: I. II. III. IV. V. VI. VII. VIII. IX. Inter-Office Correspondence Electronic Correspondence Telephone Communications Department Letterhead Personnel Orders Training Modules Legal Bulletins Proponent Unit Cancellation I. INTER-OFFICE CORRESPONDENCE A. Inter-office correspondence is used to disseminate information to and among department employees in those situations not requiring the use of a formal written directive. Inter-office correspondence can also be used to communicate and coordinate efforts with other agencies of the Anne Arundel County government. B. Any employee may use inter-office correspondence to communicate information. Prior approval is not required; however, all inter-office correspondence addressed to a higher ranking officer will be transmitted through the employee's chain of command. Written grievances filed in accordance with applicable labor agreements shall be excluded from this requirement. C. Members receiving inter-office correspondence for transmission to a higher command will endorse it indicating approval, disapproval or acknowledgement, and will forward it to the next level of command. D. The format for inter-office correspondence is the standard business memo format: date, addressee, author, subject, message. The author will initial the inter-office next to his or her typed name. See Appendix A for the standardized format that must be used. There will be no customizing (i.e., addition of icons; title; white paper must be used.) by any department component or employee. II. ELECTRONIC CORRESPONDENCE A. The Police Department encourages the use of electronic correspondence (e-mail) to speed responses and the dissemination of vital information. In many cases, electronic correspondence may be used in lieu of the InterOffice Correspondence form, which pre-dates the existence of electronic correspondence capabilities. When transmitting electronic correspondence, the same policies apply regarding chain of command as described in Section I. Employees are reminded that the use of electronic information is governed under Anne Arundel County Administrative Procedures which can be viewed from the link below: http://countyconnect/Admin%20Pros/Electronic_Mail(E-Mail)_Usage_and%20Retention.pdf B. Employees shall check their email a minimum of once during their workday. C. All employees shall reply promptly to email messages. D. Officers are prohibited from using personal email, social media or any other non-department accounts to conduct official Department business. The use of such accounts may violate confidentiality requirements Anne Arundel County Police Department Written Directive 1 Index Code: Effective Date: 206 10-27-20 and will subject the account to public access in the event of subpoena or Public Information Act (PIA) requests to the Department/County. III. TELEPHONE COMMUNICATIONS A. Each Telephone contact represents the entire agency and may form the first impression of our Department for the caller. Calls coming in from an external (non AAPD) telephone number should always be answered by identifying the Department, the answerer, and offering assistance. For example: “Anne Arundel County Police, Officer Smith, how may I assist you?” Calls received on Departmental mobile phones should also be answered with a professional greeting. B. All employees with departmental voice mail will check their voice mail daily while working, preferably at the beginning of their workday. Voice mail must be activated with a professional greeting on both the County’s VoIP phone system and Departmental mobile phone. Employees will make every effort to return phone messages in a timely manner. Voice mail left on the County’s VoIP phone system may be checked remotely by dialing 410-222-2060. When prompted for your “ID”, enter the last 4 numbers of your County VoIP phone system phone number. When prompted for your “PIN”, enter your voice mail password. IV. DEPARTMENT LETTERHEAD Letterhead correspondence is used for written communications to individuals outside the department and County government. Letterhead correspondence must be reviewed and approved by an officer of the rank of Lieutenant or above in the affected member’s chain of command before dissemination. See Appendix B for the standardized format that must be used. There will be no customizing of department letterhead correspondence by any department component or employee. V. PERSONNEL ORDERS Personnel Orders provide a formal, written record of transactions such as: * * * * * * * Transfers or promotions of employees; Appointment to positions; Disciplinary actions; Employee hiring & resignations; Departmental training/educational courses; Information about changes in benefits or personnel procedures, not warranting issuance of a written directive; Any other personnel matters deemed appropriate by the Police Personnel Manager. These orders will be issued by the Police Personnel Manager upon authorization from the Chief of Police or the appropriate Deputy Chief of Police. Personnel Orders will be given appropriate distribution. A copy will be placed in the affected member’s personnel files. Personnel Orders will be consecutively numbered and a record of their issuance and distribution will be maintained by the Police Personnel Section. Personnel Orders will not be incorporated into the Rules and Regulations Manual of Procedure. However, commanders may wish to keep a file of Personnel Orders. VI. TRAINING MODULES Training modules are developed by the Training Division to meet the training needs of the Police Department. Modular training may be used to supplement or replace in-service training requirements, and usually is conducted at unit roll call sessions. Training modules may require employees to view audio/visual material, and to pass a written examination or demonstrate understanding and/or proficiency in some other way. Successful completion of certain training modules may be required for transfer or promotion, so employees should retain their training modules for future reference. 2 Anne Arundel County Police Department Written Directive Index Code: Effective Date: 206 10-27-20 All attendance records and testing results for training modules will be maintained by the Training Academy. VII. TRAINING BULLETINS Departmental components (ie. Training Division, CID, Traffic Safety, Juvenile-Victim /Witness Assistance Unit) periodically publish training bulletins to inform employees of changes in laws, procedures, or other training issues that impact police operations. These bulletins will be disseminated to all affected personnel via PowerDMS and signed for by electronic signature. VIII. PROPONENT UNIT: Staff Inspections Unit. IX. CANCELLATION: This directive cancels Index Code 206, dated 10-31-18. Anne Arundel County Police Department Written Directive 3 DEPARTMENT RULES INDEX CODE: EFFECTIVE DATE: 302 09-28-23 Contents: I. II. III. IV. V. VI. Policy Definitions Department Rules Exemptions Proponent Unit Cancellation I. POLICY This directive identifies the most important standards of conduct expected of Police Department employees and/or the most obvious forms of unacceptable behavior. This list is not intended to be all-encompassing, nor is it intended to prevent the department from disciplining employees for acts or omissions not specifically enumerated within it. The policy of the department is to ensure that all employees maintain an exemplary standard of personal integrity and ethical conduct in their relationship with other employees and the community. The recognition that our primary responsibility is to the community requires the understanding that police powers are limited and police action, in whatever form, must be accountable to the community. The rules contained in this directive are designed to serve as a professional standard governing employees' conduct. The department also recognizes that employees possess certain basic individual rights. Protection of employee rights enhances the integrity of the department and further promotes the goal of furnishing to the community the highest quality of police services. II. A. DEFINITIONS Employee - All personnel, sworn and non-sworn B. Officer, police officer - A commissioned (sworn) police officer III. DEPARTMENT RULES A department rule is designed to cover situations in which no deviation or flexibility is permitted. Except where specifically noted, the following rules apply to all employees. It is the employees' responsibility to familiarize themselves with the following rules: Rule 1 Conformance to Law Employees are required to adhere to department rules, department written directives, County personnel regulations, County administrative procedures, executive orders, County Code, and to conform to all laws applicable to the general public. Rule 2 Authority to Suspend The Chief of Police may temporarily suspend, with pay or without pay (under certain circumstances), any subordinate employee from duty and/or require the surrender of credentials and/or issued weapons. Anne Arundel County Police Department Written Directive 1 Index Code: Effective Date: 302 09-28-23 Rule 3 Compliance with Orders A. Employees will obey a superior's lawful order. Should a superior issue an order which conflicts with a previously issued order or directive, the employee should respectfully call attention to the conflicting order and if not rescinded by the superior, the order will stand. The responsibility for the order will rest with the issuing superior and the employee will not be answerable for disobedience of any previously issued order. B. Superiors will not issue any order which they know would require a subordinate to commit any illegal, immoral, or unethical acts. C. Employees will not obey any order which they know would require them to commit illegal, immoral, or unethical acts. D. Employees will obey a lawful order which has been relayed from a superior by an employee of the same or lesser rank. Rule 4 Abuse of Process A. Employees must not intentionally manufacture, tamper with, falsify, destroy, or withhold evidence or information, nor make any false accusations or statements for the purpose of influencing the outcome of any investigation, hearing, or trial. B. Employees are prohibited from providing confidential information concerning department investigations or operations to any unauthorized person. C. Employees are prohibited from providing information obtained from the Criminal Justice Information System (CJIS), Motor Vehicle Administration (MVA), National Crime Information Center (NCIC) or confidential or privileged information obtained from any other source to any unauthorized person, except in the performance of their duties and in accordance with proper police procedure and law. Rule 5 Abuse of Authority The lawful authority entrusted to police officers will not be used improperly to interfere with the lawful conduct of anyone. All officers must carry out their duties in a nondiscriminatory manner. Rule 6 Use of Force Officers will use force only in accordance with law and department procedures. No officer will use force in a discriminatory manner. Rule 7 Completeness of the Reporting System Employees will submit all necessary reports in accordance with established department procedures. Reports submitted by employees will be accurate, complete and timely. Rule 8 Punctuality A. Employees of the department will be punctual in reporting for duty at the time and place specified by their supervisor. B. No employee will be absent from duty without approved leave or without authorization from his supervisor. C. No employee will leave the work site prior to the end of the scheduled work day without the approval of a supervisor. 2 Anne Arundel County Police Department Written Directive Index Code: Effective Date: D. 302 09-28-23 An employee who fails to report for duty as scheduled or who leaves the work site prior to the end of the scheduled work day without the approval of a supervisor may be considered absent without leave and placed in a non-pay status for the period in question, and be subject to disciplinary action. Rule 9 Attentiveness to Duty/Use of Alcohol/Drugs To ensure each employee's own protection and the protection of citizens and fellow employees, employees will remain awake and alert while on duty. A. Employees will not consume alcohol while at work, on County property or on duty, except while acting under the proper and specific orders of a superior officer. B. Alcoholic beverages will not be consumed while wearing any part of an official uniform. Further, all employees are prohibited from operating a county vehicle while, or after, consuming alcoholic beverages. C. An officer will not exercise any police authority, take any official police action or represent himself as a police officer while impaired by, or under the influence of, alcohol or drugs, except in a life-threatening situation. D. Officers will not be armed unless completely sober (not having any measurable levels or effects from alcohol or drugs), except while acting under the proper and specific orders of a superior officer. E. Employees will not take any narcotic or controlled dangerous substance unless prescribed by a physician. Police officers are subject to unannounced, random drug testing according to procedures set by Anne Arundel County Government executive orders. F. Employees taking a prescription medication which may impair their performance prior to or while on duty will notify their supervisor of the medication prescribed. G. Employees must arrive to work “sober” with no levels of impairment (Sobriety is the condition of not having any measurable levels or effects from alcohol) and are prohibited from consuming alcohol within four (4) hours of arrival. Rule 10 Carrying of Credentials/Identification A. All employees of the Police Department are issued an identification card that contains their name, photograph, job title, and identification number. All employees must carry their identification card on their person at all times while in uniform, on duty, or while operating a department vehicle. B. Officers will carry their department credentials while on duty and while off duty when armed or operating a department vehicle, unless exempted by the Chief of Police. C. All employees of the department will identify themselves to any citizen requesting such identification, either in person or verbally over the phone, by supplying their full name and identification number. If requested, identification cards will be displayed, unless exempted by the Chief of Police. Rule 11 Gratuities No compensation, reward, gift or other consideration may be solicited or accepted by employees without permission from the Chief of Police. Rule 12 Secondary Employment A. Police officers may not engage in any other employment without the prior written approval of the Chief of Police or his designee. B. No employee may engage in any activity related to other employment while on duty. Anne Arundel County Police Department Written Directive 3 Index Code: Effective Date: 302 09-28-23 Rule 13 Conduct Unbecoming County Employee or Police Officer No employee will commit any act which constitutes conduct unbecoming an employee of the department or the County. Conduct unbecoming includes, but is not limited to, any criminal, dishonest or improper conduct. Comments: As County employees, we are constantly being observed and judged by the community we serve. Improper behavior on the part of any employee, on or off duty, tends to reflect unfavorably on all employees and the department. "Conduct unbecoming" is often viewed as a "catch-all" offense. Although non-specific, "conduct unbecoming" has been upheld in court for certain acts committed by police officers both on and off duty. The following examples have been upheld by various state and federal courts throughout the country as "conduct unbecoming": speeding, placing unauthorized poster in squad room, lying in department investigation, excessive absenteeism, profane language in public, barroom fighting off duty, ticket fixing, assault on a fellow officer, annoying and/or molesting bar patrons off duty, illegal possession of marijuana, horseplay with firearms, misuse of a police radio to criticize a superior, and the failure to cooperate with an internal investigation. The following examples of conduct which the courts have found not to be unbecoming include: embarrassing the department by neglecting "discretion" and vigorously enforcing municipal ordinances; disrespectful, but private, language to the Chief of Police while under emotional stress; and filing a libel suit. These lists, although not inclusive, further indicate how courts nationally have viewed police conduct both on and off duty. Although these court cases have involved police officers, no employee will commit any act which would reflect unfavorably on the department or County government. Rule 14 Soliciting/Endorsements A. Employees may not solicit votes or contributions for any prize contest, nor engage in the sale of tickets or the solicitation of advertisements or business of any nature while in uniform or while representing themselves as employees of the department without prior written approval of the Chief. B. Employees will not authorize the use of their names, photographs or official titles which identify them as employees of the department in connection with the endorsement of political candidates or causes, testimonials, or endorsements of any product or enterprise. Rule 15 Neglect of Duty/Unsatisfactory Performance A. Neglect of Duty - Employees will maintain sufficient competency to properly perform their duties and assume the responsibilities of their positions. B. Unsatisfactory Performance - Employees will demonstrate an ability or willingness to perform assigned tasks, take appropriate action in a situation deserving police attention, and conform to work standards established for the employee's rank, grade, or position. Comments: Due to the nature of police work, employees must maintain sufficient competency to properly perform their duties and assume the responsibilities of their positions. Repeated poor evaluations or a documented record of reported infractions of the rules, directives or orders of the department may be considered as evidence of unsatisfactory performance. Rule 16 Maintenance of Property A. Employees will be held accountable for the proper care, use and maintenance of all uniforms, vehicles, weapons/firearms and equipment in their charge. B. Employees who lose or damage department property, will report in writing such loss or damage to their supervisor. If the employee is incapacitated, the supervisor will file the required report. 4 Anne Arundel County Police Department Written Directive Index Code: Effective Date: 302 09-28-23 Rule 17 Pay Account Withheld for Unreturned Equipment Upon separation from the department, employees will promptly return to the Chief or his designee, all County issued property. The Department may seek criminal or civil remedies if issued property is not returned. Rule 18 Wearing the Uniform A. The uniform will be worn by employees only while on duty, when authorized for secondary employment, or when going to or from their place of assignment. B. Uniforms will be clean and pressed, and will be worn in their entirety, in the manner intended; shoes and metal objects will be shined. Rule 19 Mutual Protection An officer will promptly come to the aid of any officer who, when carrying out official duties, is in need of assistance. Rule 20 Untruthful Statements Employees will not make untruthful statements, either verbal or written, pertaining to official duties. Rule 21 Courtesy Employees will be courteous to members of the public, other county employees, and public safety associates. Employees will maintain proper decorum and command of temper, and avoid the use of language that is obscene, abusive, or inappropriate. This behavior diminishes public confidence, undermines the effectiveness and integrity of the Department, and will not be tolerated. Rule 22 Property Property and/or contraband coming into the possession of an employee in an official capacity will be reported and properly stored or otherwise disposed of in accordance with department procedures and state and local laws. Rule 23 Meal Periods Officers are considered on duty while on meal periods during their workday. Rule 24 Recognition of Plainclothes Officers No employee of the department will, either visually or verbally, recognize or acknowledge any plain clothes officer until and unless that officer acknowledges them first. Definition: A plainclothes officer is any sworn officer who is not working in uniform. This will include Criminal Investigation Division officers, Intelligence officers, officers assigned to Internal Affairs, and any uniform officers on special assignment. Comments: To provide for the safety of undercover officers and to protect the integrity of investigations it is imperative that all officers comply with this rule. In regard to this issue, the department recognizes that the initial contact or acknowledgment is normally accidental. This, however, does not reduce the potential for serious repercussions. Particular emphasis is placed on the recognition of officers assigned to the Narcotics Section and the Intelligence Anne Arundel County Police Department Written Directive 5 Index Code: Effective Date: 302 09-28-23 Section because their activities take place in and out of the county, range 24 hours a day, and take place in unexpected locations. Further, it is an accepted tool of law enforcement for these officers to use different identities and not carry police credentials. Rule 25 Discrimination/Harassment and Use of Derogatory Language A. Employees of the department will not discriminate against, harass, or use derogatory language in referring to any other employee or citizen on the basis of race, color, national origin, religion, sex, or any other basis as prohibited by county, state, and federal law. B. Employees will not take nor contribute to any reprisal or adverse action against any individual or group of individuals having opposed discriminatory practices or having participated or assisted in a charge, investigation, or proceeding brought under department policy, or county, state, or federal law. C. Supervisors and/or managers of the department will conduct a prompt and thorough inquiry into any instance of alleged discrimination or harassment which comes to their attention. All information regarding such allegations will be documented and forwarded to the Internal Affairs Section. Rule 26 Recommending Attorneys, Bail Bond Services, or Other Services Prohibited In the performance of their official duties, employees will not suggest, recommend, advise or otherwise counsel the retention of any specific attorney, bail bond service, towing service or any other specific service to any person coming to their attention as a result of police business. Comments: The intent of this rule is to prohibit employees from making suggestions, recommendations, etc., for any specific attorney, bail bond service, etc., by name. General references such as informing defendants they should retain an attorney or seek legal assistance are acceptable. When employees are the subjects of internal administrative investigations, they should be advised they have the right to representation and to contact union representatives. Specific representation, i.e., shop steward or attorney, will be determined by the appropriate union in consultation with the employees. Rule 27 Insubordination Refusal to comply with the proper order of an authorized authority. Rule 28 Failure to Perform Required Duties No member of the Department shall feign illness, avoid responsibility, or attempt to shirk his or her duties. Failure to stop and perform necessary police duty while off duty or on leave shall be considered neglect of duty. Rule 29 Entering Liquor Establishments No member of the Department while on duty, or when off duty in uniform, shall enter bars, taverns, or liquor establishments, except in the proper performance of his/her duties. Rule 30 Required Notifications 6 1. An employee charged with a criminal, traffic or civil offense that carries a penalty/sentence of possible incarceration will immediately report the date, place and nature of the charge to his/her commanding officer for transmission to the Chief of Police via the chain of command. 2. An officer who becomes the subject of a protective or peace order is required to notify his/her commanding officer immediately upon becoming aware of the issuance of such an order for transmission to the Chief of Police via the chain of command. Anne Arundel County Police Department Written Directive Index Code: Effective Date: 302 09-28-23 Rule 31 Truthfulness No member of the Department shall make any false statement or intentionally misrepresent facts under any circumstance. Rule 32 Departmental Investigations (Testifying) Members of the Department are required to answer questions or render material reports and relevant statements in a Departmental personnel investigation when so directed. Rule 33 Smoking Prohibited Members of the Department are prohibited from smoking/using an electronic nicotine delivery system (vape, juul, etc.) in all Department vehicles and facilities. Rule 34 Incidents Involving Relatives, Associates, or Neighbors Responding officers will answer all calls for service to determine the need for police assistance, regardless of the individuals involved. Responding officers shall not investigate or make arrests in any dispute involving themselves, their relatives, associates, or neighbors, regardless of duty status except to prevent: 1. 2. 3. 4. Injury or death A felony or other serious crime from occurring. Destruction of Property Escape of a person that the member, under normal circumstances, would have arrested. When involved in such incidents, other than the exceptions listed above, the officer shall: 1. 2. Request another officer to take action. Be available to serve as a witness or to assist in an arrest. Rule 35 Associations A. Members of the Department shall avoid associations, with persons who have a reputation for criminal behavior, except as necessary to perform official duties, or where unavoidable due to a family relationship. B. Members of the Department shall not visit or enter a house of illegal prostitution, illegal gambling or any other establishment wherein the laws of the applicable jurisdiction are violated, except in the performance of duty. C. Members of the Department shall not in any manner knowingly affiliate himself/herself with any organization, association, movement, group or combination of persons which advocates the nonconstitutional, non-charter overthrow of the Government of the United States or any state, or which has adopted the policy of approving the commission of illegal acts of force or violence to deny any person his/her rights under the Constitution of the United States or the State of Maryland, or which seeks to alter the form of government of the United States or any state by unconstitutional means, non-charter means. D. The enforcement of this rule shall not infringe on the employee’s right to exercise their Freedom of Religion, Freedom to Redress their Representatives and/or any Freedom/Right afforded by local, state or United States Constitution/Laws. IV. EXEMPTIONS In certain instances, the Chief of Police may exempt individuals or units from complying with specific rules contained in this directive. Such exemptions will be made on a case-by-case basis in recognition of individual or unit requirements for the performance of their job. Anne Arundel County Police Department Written Directive 7 Index Code: Effective Date: 302 09-28-23 V. PROPONENT UNIT: Office of the Chief of Police. VI. CANCELLATION: This directive cancels Index Code 302, dated 02-27-23. 8 Anne Arundel County Police Department Written Directive SOCIAL MEDIA INDEX CODE: EFFECTIVE DATE: 308 11-04-13 Contents: I. II. III. IV. V. VI. Purpose Policy Definitions Procedure Proponent Unit Cancellation I. PURPOSE The Anne Arundel County Police Department endorses the secure use of social media to enhance communication, collaboration, and information exchange; streamline processes; and foster productivity. This policy establishes the Department’s position on the utility and management of social media and provides guidance on its management, administration, and oversight. This policy is not meant to address one particular form of social media, rather social media in general, as advances in technology will occur and new tools will emerge. (Also see Index Code 505) II. POLICY Social media provides a potentially valuable means of assisting the department and its personnel in meeting community outreach, problem-solving, investigative, crime prevention, and related objectives. This policy identifies potential uses that may be explored or expanded upon as deemed reasonable by administrative and supervisory personnel. The department also recognizes the role that these tools play in the personal lives of some department personnel. The personal use of social media can have bearing on departmental personnel in their official capacity. As such, this policy provides information of a precautionary nature as well as prohibitions on the use of social media by department personnel. III. DEFINITIONS A. Blog A self-published diary or commentary on a particular topic that may allow visitors to post responses, reactions, or comments. The term is short for “Web log.” B. Page The specific portion of a social media website where content is displayed, and managed by an individual or individuals with administrator rights. C. Profile Information that a user provides about himself or herself on a social networking site. D. Social Media A category of Internet-based resources that integrate user-generated content and user participation. This includes, but not limited to, social networking sites (Twitter, Facebook, Instagram, etc), photo- and video-sharing sites (Flickr, Youtube, etc), wiki’s (Wikipedia), blogs, and news sites. Anne Arundel County Police Department Written Directive 1 Index Code: Effective Date: 308 11-04-13 E. Social Networks Online platforms where users can create profiles, share information, and socialize with others using a range of technologies. F. Speech Expression or communication of thoughts or opinions in spoken words, in writing, by expressive conduct, symbolism, photographs, videotape, or related forms of communication. IV. A. PROCEDURE On-The- Job Use 1. Department-Sanctioned Presence a. b. All department social media sites or pages shall be approved by the Chief of Police. Where possible, social media pages shall clearly indicate they are maintained by the department and shall have department contact information prominently displayed. Social media content shall adhere to applicable laws, regulations, and policies, including all information technology and records management policies. c. 1. 2. d. Content is subject to public records laws. Relevant records retention schedules apply to social media content. Content must be managed, stored, and retrieved to comply with open records laws and e-discovery laws and policies. Where possible, social media pages should state that the opinions expressed by visitors to the page(s) do not reflect the opinions of the department. 1. Pages shall clearly indicate that posted comments will be monitored and that the department reserves the right to remove obscenities, off-topic comments, and personal attacks. 2. Pages shall clearly indicate that any content posted or submitted for posting is subject to public disclosure. 2. Department-Sanctioned Use a. Department personnel representing the department via social media outlets shall do the following: 1. 2. 3. 4. 5. b. Social media is a valuable investigative tool when seeking evidence or information about: 1. 2. 3. 4. 5. 2 Conduct themselves at all times as representatives of the department and, accordingly, shall adhere to all department standards of conduct and observe conventionally accepted protocols and proper decorum. Identify themselves as a member of the department. Not make statements about the guilt or innocence of any suspect or arrestee, or comments concerning pending prosecutions, nor past, transmit, or otherwise disseminate confidential information, including photographs or videos, related to department training, activities, or workrelated assignments without express written permission. Not conduct political activities or private business. Observe and abide by all copyright, trademark, and service mark restrictions in posting materials to electronic media. Missing Persons; Wanted Persons; Gang Participation; Crimes perpetrated online (i.e., cyberbullying, cyberstalking); Photos or videos of a crime posted by a participant or observer. Anne Arundel County Police Department Written Directive Index Code: Effective Date: c. Social media can be used for community outreach and engagement by: 1. 2. 3. 4. d. 308 11-04-13 Providing crime prevention tips; Offering online-reporting opportunities; Sharing crime maps data; Soliciting tips about unsolved crimes Social media can be used to make time-sensitive notifications related to road closures, special events, weather emergencies and missing/endangered persons. B. Personal Use Department personnel shall abide by the following when using social media. 1. Department personnel are free to express themselves as private citizens on social media sites to the degree that their speech does not impair working relationships of this department for which loyalty and confidentiality are important, impede the performance of duties, impair discipline and harmony among co-workers, or negatively affect the public perception of the department. 2. As public employees, department personnel are cautioned that speech on- or off-duty, made pursuant to their official duties (owes its existence to the employee’s professional duties and responsibilities), is not protected speech under the First Amendment and may form the basis for discipline if deemed detrimental to the department. Department personnel should assume that their speech and related activity on social media sites will reflect upon their office and this department. 3. Department personnel shall not post, transmit, or otherwise disseminate any information to which they have access as a result of their employment without written permission from the Chief of Police or his/her designee. 4. For safety and security reasons, department personnel are cautioned not to disclose their employment with this department nor shall post information pertaining to any other member of the department without their permission. As such, department personnel are cautioned not to do the following: a. Display department logos, uniforms, or similar identifying items on personal web pages. b. Post personal photographs or provide similar means of personal recognition that may cause them to be identified as police officer/civilian employee of this department. Officers who are, or who may reasonably be expected to work in undercover operations, shall not post any form of visual or personal identification. 5. When using social media, department personnel should be mindful that their speech becomes part of the worldwide electronic domain. Therefore, adherence to the department’s standards of conduct is required in the personal use of social media. In particular, department personnel are prohibited from the following: a. Speech containing obscene or sexually explicit language, images, or acts and statements or other form of speech that ridicule, malign, disparage, or otherwise express bias against any race, any religion, or any protected class of individuals. b. Speech involving themselves or other department personnel reflecting behavior that would reasonably be considered reckless or irresponsible. 6. Engaging in prohibited speech noted herein, may provide grounds for undermining or impeaching an officer’s testimony in criminal proceedings. Department personnel thus sanctioned are subject to discipline up to and including termination. 7. Department personnel may not divulge information gained by reason of their authority; make any statements, speeches, appearances, and endorsements; or publish materials that could reasonably be considered to represent the views or positions of this department without express authorization. Anne Arundel County Police Department Written Directive 3 Index Code: Effective Date: 308 11-04-13 8. Department personnel should be aware that they may be subject to civil litigation for: a. Publishing or posting false information that harms the reputation of another person, group or organization (defamation). b. Publishing or posting private facts and personnel information about someone without their permission that has not been previously revealed to the public, is not of legitimate public concern, and would be offensive to a reasonable person. c. Using someone else’s name, likeness, or other attributes without that person’s permission for an exploitative purpose. d. Publishing the creative work of another, trademarks, or certain confidential business information without the permission of the owner. 9. Department personnel should be aware that privacy settings and social media sites are constantly in flux, and they should never assume that personal information posted on such sites is protected. V. PROPONENT UNIT: Office of Professional Standards. VI. CANCELLATION: None. 4 Anne Arundel County Police Department Written Directive RESPONSE TO RESISTANCE & AGGRESSION INDEX CODE: EFFECTIVE DATE: 401 09-28-23 Contents: I. II. III. IV. V. VI VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. Purpose Policy De-escalation Necessary Force Proportional Force Deadly Force Firearms Regulations Less-Lethal Force Non-Lethal Force Medical Aid Weapons & Ammunition Documenting Response To Resistance and Aggression Department Response Disclaimer Proponent Unit Cancellation I. PURPOSE The purpose of this policy is to provide police officers with guidelines on their response when met with resistance and/or aggression from a member of the public when trying to effectuate a legitimate law enforcement objective. This includes de-escalation and use of force, including; deadly, less-lethal, and non-lethal force. A reverence and respect for the dignity of all persons and the sanctity of human life shall guide all training, leadership, and procedures, as well as guide officers in the use of force. This policy adheres to all applicable Federal, State, and Local laws. II. POLICY It is the policy of the Anne Arundel County Police Department that police officers may only use force which, under the totality of the circumstances is necessary and proportional to any level of resistance or aggression, and is to protect against an imminent threat of physical injury to a person or effectuate a legitimate law enforcement objective. “Totality of circumstances” analysis includes: A. the nature and seriousness of the alleged offense committed; the size, strength, condition, and mental state of the suspect; B. whether the suspect is actively resisting arrest; the suspect’s violent history (if known); C. whether the suspect appears to have access to a weapon; whether the suspect appears to be under the influence of drugs or alcohol that may impact the suspect’s mobility or tolerance for pain; D. whether there is a hostile crowd present at the scene; E. the potential for officers or bystanders to be injured by the suspect’s or responding officers’ use of force; F. the circumstances leading up to the moment of a use of force and the officer’s actions in response to those circumstances; and G. any other relevant factors. Anne Arundel County Police Department Written Directive 1 Index Code: Effective Date: 401 09-28-23 III. A. DE-ESCALATION When time, circumstances and safety permit, officers should take steps to gain compliance and de-escalate conflict without using physical force. Examples include: 1. The use of verbal advisements, warnings, and persuasion. 2. Attempts to slow down or stabilize the situation so that more time, options and resources are available. 3. Consideration of whether a subject’s lack of compliance is a deliberate attempt to resist or is caused by an inability to comply. 4. Repositioning or using barriers to create time and space. B. Once force has been applied, officers must continually reassess the level of necessary and proportional force needed to achieve the law enforcement objective. De-escalation efforts should still be attempted when possible through verbal instruction and or a reduction of the level of force based on any continued level of resistance and aggression from the subject. IV. A. NECESSARY FORCE A use of force is necessary when there are no reasonable or feasible non-force alternatives which would accomplish the legitimate law enforcement objective or protect against an imminent threat of physical injury. Officers are not required to use non-force options which would jeopardize safety or would fail to accomplish the law enforcement objective. Officers are also not required to use a non-force option when there is no time to attempt or consider the non-force option in a dynamic, rapidly evolving situation, or when the officer is not reasonably aware of the non-force option. Force may not qualify as necessary when an officer needlessly escalates the situation and fails to use non-force options that are reasonable. B. Each specific force type application must be deemed necessary as it relates to the totality of circumstances surrounding the level of met resistance and/or aggression from the subject. V. PROPORTIONAL FORCE Proportional force is a degree of force that is the amount reasonably required to protect a person from physical injury or to accomplish a legitimate law enforcement objective. An officer must consider all information known to the officer regarding the subject and circumstances. An officer must balance the seriousness of the law enforcement objective against the harm the use of force would cause. An officer is prohibited from using force if the harm likely to result from the force is too severe in relation to the value of the interest that the officer seeks to protect. A. An analysis of proportionality includes examining the level of threat, resistance and/or aggression presented by the subject, whether the subject is posing an immediate threat to officers or a danger to the community, and a recognition of the need for rapid or split-second decision-making. If the officer is resisted, the officer may overcome force with force. Proportionality to a threat, resistance and/or aggression does not mean the officer should use only the force that is equivalent to what they encounter. Proportionality does not limit an officer to using force that is equal in type or amount to the threat the officer is presented with, nor does it require lesser or alternative forms of force to be used first. B. Any officer who observes another officer using force that is clearly beyond that which is necessary and proportional under the circumstances must intercede, when feasible and safe, to prevent the use of such excessive force. Officers must immediately report these observations to a supervisor, and document the observations prior to the end of the reporting officer’s shift. C. Each specific force type application must be deemed proportional as it relates to the totality of circumstances surrounding the level of met resistance and or aggression from the subject. VI. A. DEADLY FORCE A police officer may use deadly force when the officer reasonably believes that the action is in defense of human life, including the officer’s own life, or in defense of any person who is in immediate danger of serious physical injury. 2 Anne Arundel County Police Department Written Directive Index Code: Effective Date: 401 09-28-23 B. A police officer may use deadly force to prevent the escape of a suspect fleeing from a felony of violence that the officer has probable cause to believe will pose an immediate threat to human life should escape occur. C. A police officer may not use an intentional chokehold, neck hold, stranglehold, lateral vascular neck restraint, carotid restraint or any other use of physical force that restricts oxygen or blood flow to the head or neck except in the case of the use of deadly force in the defense of human life or serious bodily injury as authorized by this index code. Furthermore, a police officer may not intentionally place their foot or knee on the head or neck of a person, except in the case of the use of deadly force in the defense of human life or serious bodily injury as authorized by this index code. D. The circumstances surrounding every use of deadly force will be thoroughly examined during post-incident review. VII. A. FIREARMS REGULATIONS Before discharging a firearm for a law enforcement purpose, police officers shall identify themselves and state their intent to shoot, when feasible. Warning shots are prohibited. Police officers should refrain from discharging firearms at or from moving vehicles, unless a person in the vehicle is immediately threatening the officer or another person with deadly force and innocent persons would not be unduly jeopardized by the officer’s action. Police officers must avoid tactics that intentionally place them in a position where a vehicle could be used against them. Officers may not carry firearms when consuming alcoholic beverages unless participating in a covert investigation as authorized by a Captain or above, or the Commanders of the Narcotics and Special Investigations Section or Homeland Security Section. Officers may not carry firearms when under the influence of alcohol or drugs, or when under the influence of medication that may hinder judgment or motor coordination. Firearms may not be discharged when it appears likely that an innocent person may be injured. A police officer may discharge a firearm to destroy an animal that represents a threat to public safety, or as humanitarian gesture where the animal is seriously injured. A police officer may discharge a firearm during range practice and/or qualification. B. C. D. E. F. G. H. VIII. LESS-LETHAL FORCE Police Officers, who are properly trained and certified, are authorized to use departmental issued less-lethal weapons (See Index Code 402.2, 404, 406, and 407). Less-lethal weapons are designed to provide officers with options during use of force incidents. Less-lethal weapons may be used to resolve incidents in a less-lethal manner, to protect officers and other persons from harm, to protect a suspect/subject from self-inflicted injury, or to end incidents involving resistant and/or aggressive suspects. Officers shall not interpret this policy to mean that a lesslethal weapon replaces the use of deadly force when deadly force is justified. During situations where less-lethal weapons are deployed and deadly force is justifiable, lethal cover must be provided for the less-lethal weapon operator. IX. NON-LETHAL FORCE Police officers are authorized to use department approved non-lethal force techniques/personal weapons to protect themselves or others from physical harm, to restrain or subdue a resistant and/or aggressive individual, and to bring an unlawful situation safely and effectively under control. This does not authorize the use of non-lethal force/personal weapons because a subject is resistant through mere non-compliance unless the subject’s actions present an obvious safety threat. Officers must assess each incident to determine which non-lethal force technique will best deescalate the situation and bring it under control in a safe manner. X. MEDICAL AID Police officers are responsible for obtaining medical aid for individuals who complain of, or show signs of injury as a result of any response to resistance and aggression. Anne Arundel County Police Department Written Directive 3 Index Code: Effective Date: 401 09-28-23 Officers will request an ambulance and begin medical evaluation and care of such individuals as soon as practical. Fire Department emergency medical personnel at the scene of an incident will assess the need for further medical care beyond that provided at the scene. XI. WEAPONS & AMMUNITION Only weapons and ammunition meeting department specifications may be used by police officers carrying out law enforcement responsibilities, both on or off duty. A list of all such weapons and ammunition appears in Index Code 402.2. XII. A. DOCUMENTING RESPONSE TO RESISTANCE AND AGGRESSION Incidents Requiring a Response to Resistance and Aggression Report A Response to Resistance and Aggression Report entered into Blue Team is required whenever: 1. An employee discharges a firearm, except in the following circumstances: a. The firearm was discharged for training purposes. b. The firearm was discharged for recreational purposes. c. The firearm was discharged for destroying an aggressive or seriously injured animal. d. The firearm was unintentionally discharged; An employee takes an action that results in (or is alleged to have resulted) any injury or death of another person; An employee applies force through the use of a lethal, less-lethal, non-lethal, personal weapon (i.e., punches, elbow strikes, knee strikes, kicks), or a weapon of opportunity. It becomes necessary for an employee to apply physical force, due to met resistance and/or aggression, which may include utilizing hands-on methods such as control and restraint techniques or pain compliance, even if no injury occurs or is evident. 2. 3. 4. NOTE: The following are not considered to be reportable responses to resistance and aggression: 1. Escorting or touching a subject or arrestee with minimal or no resistance to: a. Ensure officer safety or the safety of others; or b. Accomplish a legitimate law enforcement objective. 2. Routine handcuffing/similar restraining (e.g., with flex cuffs, etc.) with minimal or no resistance; 3. Displays of an officer’s authority/ability to use force without the physical use of force (i.e., shows of force). 5. A department canine bites or inflicts injury to an individual. The Response to Resistance and Aggression Report does not replace the Incident Report or revoke any current reporting requirements. It is to be submitted in addition to any reports that are currently required. Injuries that are self-inflicted after custody is achieved and transport has begun (ex: subject bangs head into cage during transport, etc.) are not considered applications of force. Self-inflicted injuries that occur after custody is achieved and transport has begun will be thoroughly photographed and articulated in the incident report. These incidents will follow the reporting requirements in Index Code 2003 – Prisoner Transportation or Index Code 2004 – Temporary Detention Area Procedures. B. 1. Officers’ Responsibilities Officers will immediately report any reportable response to resistance and aggression or firearm discharge to an on-duty supervisor of the patrol district of occurrence. Exception: Firearm discharge during range practice or qualification. 2. Officers will complete or provide information for the completion of the following documents before the end of their tour of duty, unless the officer is disabled. a. 4 Incident Report. Each officer is required to complete their own original or supplemental report to document their explanation and articulation of the specific facts, and reasonable inferences from those facts, which justify their individual use of force. Exception: An officer who uses deadly Anne Arundel County Police Department Written Directive Index Code: Effective Date: 401 09-28-23 force, force that causes death or serious injury, or discharges their firearm in any other incident other than destroying seriously injured or aggressive wildlife, will not complete an incident report. Another officer will complete the incident report in these cases. b. Response to Resistance and Aggression Report as outlined in Section A. The Response to Resistance and Aggression Report will be completed as an entry in Blue Team by the officer using force. A separate Response to Resistance and Aggression Report entry in Blue Team is required for each involved citizen. In cases involving more than one officer using force, the officer who applied the initial use of force is responsible for initiating the Response to Resistance and Aggression Report entry in Blue Team. Each involved officer, who used force on the same citizen, will sit with the initiating officer and add themselves & their force applied diagram, to the Blue Team Entry of the initiating officer. The single Blue Team report will be routed through the onduty supervisor who was notified or responded to the scene. If any issues arise regarding same time submission, the supervisor will make arrangements to have the subsequent officer(s) complete their portion ASAP. The officer’s justification will be reviewed to determine whether or not the response to resistance and aggression was in or out of policy. (Exception: A supervisor will complete the Response to Resistance and Aggression Report entry in Blue Team in cases involving the use of deadly force or force that results in death or serious injury. All officers, unless incapacitated, who used deadly force or force that resulted in death or serious injury, will complete a “Serious Incident Report Form” in Blue Team before the end of their tour of duty. c. Charging documents, if applicable. Exception: An officer who uses deadly force or force that results in death or serious injury will not complete any charging documents. Another officer will complete charging documents in these cases, as directed by a supervisor. 3. Officers will ensure that photos are taken, and submitted as attachments into the records management system, of any injury or alleged injury location on a suspect due to a response to resistance and aggression, unless the Evidence Collection Unit is already required to do so under this or another index code. Officers will also ensure that photos are taken, and submitted as attachments into the records management system, of any impact location on a suspect resulting from a response to resistance and aggression, even if no injury is suspected or alleged. A full body photo will also be taken of the suspect. If an officer is injured or has property damaged (ie. clothing) during a response to resistance and aggression incident, the officer will ensure that photos are taken and submitted as attachments into the records management system, of the injury and/or damaged property. 4. Enter all pertinent reports, all relevant URL/hyperlink(s) to all Evidence.com files, and photos into Blue Team. C. Supervisors’ Responsibilities A supervisor is responsible for the following actions: 1. Must respond to the scene of any incident involving a response to resistance and aggression which causes serious physical injury. Must also respond to the scene of any incident involving a response to resistance and aggression which causes a non-serious physical injury, unless exigent circumstances exist which prohibit the notified supervisor from responding directly to that scene. 2. Gather and review any known video of the response to resistance and aggression incident, including Body Worn Camera Video, business surveillance video, and other sources. Body Worn Cameras of all officers on the scene must be docked and downloaded prior to the end of the officers’ shift. If the video source is not immediately available, the supervisor will make arrangements to obtain a copy as soon as possible. External video footage should be forwarded though the chain of command to Staff Inspections. With the exception of digital evidence stored in Evidence.com (i.e. Body Worn Camera recordings, etc.), all video will be uploaded into Blue Team, if possible. The URL/hyperlink(s) to all Evidence.com files will be copied to the Blue Team record in the attachments section. 3. Ensure that any officer involved in a reportable response to resistance and aggression incident, fulfills the requirements of this directive. Ensure that the affected officers have the opportunity to review Body Worn Anne Arundel County Police Department Written Directive 5 Index Code: Effective Date: 401 09-28-23 Camera data before completing any reports. Complete or have another officer complete the required incident reports if the officer is unable or is involved in a deadly force or a firearms discharge incident as described in Section A. The supervisor will complete the Response to Resistance and Aggression Report in these situations. 4. Ensure that all witness officers complete a written report documenting all activities/actions taken. 5. Review all reports and charging documents for accuracy and completeness. Approve completed reports in the records management system. Ensure that all pertinent finalized reports have been entered into Blue Team. Render a policy determination in the “Task” section of Blue Team, approve the Blue Team Report, and forward up the chain of command within three workdays. Any delay in submission requires approval of their immediate supervisor. 6. If the response to resistance and aggression event occurs while an officer is working outside of their normal duty assignment, off-duty, or working secondary employment, a patrol supervisor in the district of occurrence is responsible for satisfying the supervisors’ responsibilities and will conduct the initial review of the Response to Resistance and Aggression report, attachments, and make a policy determination. Upon completion of those tasks that patrol supervisor will forward it to the lieutenant of the officer, who initially used force, to complete the chain of command review. If an officer who subsequently uses force is not in the initial officer’s chain of command, then the Blue Team report will be sent to their Captain using the cc function. 7. K-9 Exception: In the event that an officer initially applies force and a subsequent Department K-9 deployment and bite take place, the supervisor will render a policy determination for the involved officers excluding the K-9 officer, approve the Blue Team Report, and then forward to the K-9 officer’s immediate supervisor. K-9 Unit supervision will then render a policy determination for the K-9 officer, approve the Blue Team Report, and then forward back to the initial officer’s chain of command. 8. If the Response to Resistance and Aggression Report or Serious Incident Report Form was initiated on an incident involving deadly force or an internal affairs investigation has commenced before the supervisory review process in Blue Team has begun, it will be routed directly to the Office of Professional Standards commander without determining if the incident was “in” or “out” of policy. 9. Notify the Internal Affairs Section, if the response to resistance and aggression appears to be excessive or in violation of this policy. 10. If the officer is injured, complete the First Report of Injury report, authorization for medical treatment form, and any other required workers’ compensation or administrative reports. XIII. A. DEPARTMENT RESPONSE Aggressive or Seriously Injured Wildlife Firearm Discharge A patrol supervisor in the district of occurrence will be notified prior to discharging a firearm, where feasible. B. 1. Unintentional Discharge of Firearm A patrol supervisor and a platoon commander in the district of occurrence will respond to the scene of any unintentional discharge of a firearm (if the platoon commander is not available from the district of occurrence, then a platoon commander from another district will respond), secure the scene, and will make contact with the District Detective Supervisor of the district of occurrence and the Evidence Collection Unit. If the incident occurs outside of the County, a patrol supervisor and platoon commander of the closest district to the location will respond to the scene. 2. A District Detective will respond to the scene to conduct the critical incident investigation. The District Detective will complete an Offense/Incident Report with the Incident Type, “Miscellaneous/Non-Criminal Incident.” If the unintentional discharge occurred during an incident where an Offense/Incident is already 6 Anne Arundel County Police Department Written Directive Index Code: Effective Date: 401 09-28-23 being written, the discharge will be mentioned in the Offense/Incident Report of that incident and the District Detective will complete an Investigative Report Supplement. 3. An Evidence Collection Technician will respond and fully process the scene. 4. 5. A member of the Firearms/Specialized Training Unit will respond to the scene to assist in the investigation. Within 24 hours the Internal Affairs Section will be notified and an email titled “Unintentional Discharge of Firearm” will be sent to the Staff Inspections Unit ([email protected]), including a URL/hyperlink to the Offense/Incident Report in the records management system, all relevant URL/hyperlink(s) to all Evidence.com files, and a list of all responding department units (ECU, Training, etc.) Staff Inspections will complete the Firearms Discharge Report in Blue Team. 6. The affected officer must be immediately scheduled remedial training with the Training Division by the officer’s chain of command or the responding platoon commander, if the officer was not working with their platoon/section at the time of the incident. The affected officer will not return to his/her normal duty until the training is completed and their Bureau Commander approves their return to normal duty. C. 1. Discharge of Firearm on a Domestic Animal A patrol supervisor and a platoon commander in the district of occurrence will respond to the scene of any discharge of a firearm on a domestic animal (if the platoon commander is not available from the district of occurrence, then a platoon commander from another district will respond); secure the scene, initiate a crime scene log, and will make contact with the District Detective Supervisor, the Evidence Collection Unit, the PIO, and a member of Peer Support (if requested). If the incident occurs outside of the County, a patrol supervisor and platoon commander of the closest district to the location will respond to the scene 2. A District Detective will respond to the scene to conduct the critical incident investigation. 3. An Evidence Collection Technician will respond and fully process the scene. 4. The PIO will be notified. 5. A member of Peer Support will respond to the scene if requested by the involved officer. 6. The district Executive Officer of the district of occurrence will conduct an administrative review of the incident. If the incident occurs outside of the County, the District Executive Officer of the closest district to the location will conduct the administrative review. 7. Within 24 hours the Internal Affairs Section will be notified and an email titled “Discharge of Firearm on a Domestic Animal” will be sent to the Staff Inspections Unit ([email protected]), including a URL/hyperlink to the Offense/Incident Report in the records management system, all relevant URL/hyperlink(s) to all Evidence.com files, and a list of all responding department units (ECU, Training, etc.) Staff Inspections will complete the Firearms Discharge Report in Blue Team. D. Use of Deadly Force or Response to Resistance or Aggression that Results in Death or Serious Injury Incidents (To include Deadly Force which does not cause injury) The patrol supervisor and platoon commander in the district of occurrence will respond and do the following: 1. a. b. c. d. e. Secure the scene pending arrival of investigators (if the platoon commander is not available from the district of occurrence, then a platoon commander from another district will respond). Locate and isolate any witnesses for the arrival of investigators. Render assistance to the affected officer. Initiate a crime scene log. Immediately take photo of affected officer at scene. Do not collect firearms unless it is a safety concern. The affected officer retains custody until CID detectives or Office of the Attorney General’s Independent Investigations Division (IID)/Maryland State Police Investigators arrive. If a firearm Anne Arundel County Police Department Written Directive 7 Index Code: Effective Date: f. g. h. i. 401 09-28-23 must be removed, it will be placed, as is, in an “Officer Involved Weapon Collection Kit”. Firearms will not be rendered “safe” and no magazines or rounds will be removed from the firearm. When involved officers are at a safe location away from the scene, ensure the involved officers’ Body Worn Cameras are secured, docked and downloaded (The BWC may be returned to the officer after confirming the download). Ensure BWCs from all other officers at the scene are docked and downloaded prior to the end of their tour of duty. Complete the Use of Deadly Force Investigation Guide (PD 401) and submit a written report of their activities. Notify the District Commander (or Night Commander if applicable) on-call CID supervisor, the Training Division Commander, the Office of Professional Standards commander, the Evidence Collection Unit, the PIO, FOP representative, and a member of Peer Support. If no other police officer or other credible witness is available to provide the following information, the platoon commander will ensure that brief public safety information is collected individually from the involved officer(s) (who used deadly force or response to resistance aggression that resulted in death or serious injury) on the scene, covering only information necessary or to focus initial police response. This includes information on: 1. 2. 3. 4. 5. 6. type(s) of force used; direction and approximate number of shots fired by officers and suspects; location of injured persons; description of at-large suspects and their direction of travel; time elapsed since any suspects were last seen and any suspect weapons; any other information necessary to ensure officer and public safety and to assist in the apprehension of at-large suspects. 2. A Homicide Detective and Homicide Supervisor will respond to the scene. 3. An Internal Affairs Investigator will respond to the scene. 4. In all cases involving a Response to Resistance and Aggression resulting in death or likelihood of death, the Homicide Supervisor will notify the Maryland State Police Headquarters Duty Officer (410-653-4474) of the incident. The Homicide Supervisor will brief the Office of the Attorney General’s Independent Investigations Division (IID)/Maryland State Police Investigators of the incident upon call back. The IID/MSP investigators will determine if they will respond out to investigate the incident. 5. The Criminal Investigation Division Homicide Unit will conduct a criminal investigation of any other response to resistance or aggression incident involving deadly force not investigated by IID/MSP. A report of the criminal investigation will be submitted to the State’s Attorney’s Office and the Staff Inspections Unit within 30 days. The State’s Attorney will decide whether the officer’s actions were lawful or unlawful, and whether to initiate criminal action against officers whose actions are deemed unlawful. 6. An Evidence Collection Technician will respond and fully process the scene, unless directed otherwise. 7. A member of the Firearms/Specialized Training Unit will respond to the scene to assist in the investigation. 8. The PIO will respond to the scene. 9. A member of Peer Support will respond to the scene. Mobile Crisis and/or the department chaplain, are also available if needed to respond to the scene of a traumatic incident and provide counseling to employees. The decision to request these services rests with an on-scene patrol supervisor of the rank of Police Lieutenant or above. Communications should be notified if either or both of these resources are needed at the scene. It is the responsibility of the affected employee’s immediate supervisor to set a Traumatic Incident Counseling appointment for the employee with the Departmentally-contracted psychologist per Index Code 403. 10. If the incident occurs outside of the County, a patrol supervisor and platoon commander of the closest district to the location will respond to the scene. They will render assistance to the affected officer and 8 Anne Arundel County Police Department Written Directive Index Code: Effective Date: 401 09-28-23 notify the designated representative of FOP Lodge 70 and Peer Support. They will also notify the PIO, assist the investigating agency, and submit a written report of their activities. The investigating agency will be responsible for the criminal investigation. 11. The Staff Inspections Unit will conduct a detailed administrative investigation of every use of deadly force or response to resistance or aggression by a police officer that results in death or serious injury of a person. This report will be completed and submitted to the Chief of Police within 20 working days of the Staff Inspections Unit receipt of the criminal investigative report requiring review. The report will include the relevant facts and circumstances surrounding the incident and a conclusion as to whether the officer’s actions were in violation of any policy. Actions deemed to be in violation of policy will be referred to the Internal Affairs Section for investigation. The Office of Professional Standards commander will make the final determination if the incident was “in” or “out” of policy at the conclusion of the administrative investigation. 12. When a police officer uses deadly force against a person or a response to resistance or aggression that causes death or serious injury to a person, the officer shall be placed on administrative leave by their Bureau Commander, after completing all on-scene investigative and reporting requirements, until they complete all “Post Incident Requirements” as soon as feasible, preferably within 10 days of the incident: a. b. The officer completes Traumatic Incident Counseling. See Index Code 403 for details and procedures; and The officer completes firearm re-qualification and judgmental training at the Police Academy. 13. The officer may not return to line duty until an administrative review is conducted by the Senior Command Staff and the Chief of Police approves the return to line duty. 14. In the event that employees are involved in situations in which they, in the performance of their duties, use deadly force which seriously injures or kills another person, the department/County will provide a weapon and/or radio to the employee if either is retained by the investigating agency (unless the employee is suspended from duty). 15. Agency personnel responsible for conducting criminal and administrative investigations of Use of Deadly Force or any police action that results in death or serious injury will receive training for conducting and managing these investigations. 16. All agency personnel potentially impacted by Use of Deadly Force or any police action that results in death or serious injury will receive awareness training regarding the process of investigating and managing these incidents. E. Less-Lethal Use of Force Incidents Refer to Index Codes 406 and 407. F. Response to Resistance or Aggression All reported responses to resistance and aggression will be reviewed to determine whether: 1. 2. Department rules, policies, or procedures were violated; The relevant policy was clearly understandable and effective to cover the situation. This initial administrative review is conducted by the affected officer’s chain of command (as outlined in Supervisor’s Responsibilities above), ending at the level of District/Division Commander. Each supervisory officer in the chain will: 1. 2. 3. 4. Thoroughly review all submitted reports, documentation and photographs. Review all known video of the incident. Request additional information and/or documentation if needed. Based on the facts and information available at the time of review, make a determination if the responses to resistance and aggression was in policy by making proper notation in Blue Team. Anne Arundel County Police Department Written Directive 9 Index Code: Effective Date: 5. 401 09-28-23 Approve the Response to Resistance and Aggression documenting their policy determination in the “Task Running Sheet” and promptly forward the entire file to the next officer in the chain of command. If the initial administrative review determines that the responses to resistance and aggression violated department policy, the Division Commander will refer the case to Internal Affairs for appropriate action and promptly notify the respective Bureau Commander & Deputy Chief. The Staff Inspections Unit will prepare an annual analysis of reportable responses to resistance and aggression by police officers, as well as response to resistance and aggression policies and practices, for the Chief’s review. The analysis will identify the date and time of incidents, types of encounters resulting in reportable responses to resistance and aggression, trends or patterns related to race, age, and gender of subjects involved, trend or patterns resulting in injury to any person including employees, and impact of findings on policies, practices, equipment, and training. The Staff Inspections Unit will also conduct an annual review of all assaults on employees to determine trends or patterns, with recommendations to enhance officer safety, revise policy, or address training issues. The Staff Inspections Unit will coordinate with the Training Division to address any training issues. XIV. DISCLAIMER The Anne Arundel County Police Department’s policy on the response to resistance and aggression is for department use only and does not apply in any criminal or civil proceeding. The department’s policy will not be construed as the establishment of a higher legal standard of safety or care with respect to third party claims. XV. PROPONENT UNIT: Training Division & Staff Inspections. XVI. CANCELLATION: This directive cancels Index Code 401, dated 07-01-23. 10 Anne Arundel County Police Department Written Directive Index Code: 401 Appendix A: Glossary of Terms Effective Date: 07-01-22 The following definitions apply to the terms used in Index Code 401, "Response to Resistance & Aggression": Deadly Force: Any use of force which is intended to or likely to cause death or serious physical injury. Defensive Aerosol Spray: a weapon whose law enforcement purpose is to provide officers with additional force options when dealing with resistant or aggressive subjects in arrest and other enforcement situations. The use of a defensive aerosol spray is not intended to cause death or serious injury. An example of a defensive aerosol spray is OC Spray. Defensive Impact Weapon: Any device authorized by the department used to apply force to another individual. Defensive Impact Weapons are primarily used in less lethal situations, however, in certain instances can be used as a lethal weapon. Examples of defensive impact weapons are expandable batons and straight sticks. Lethal Weapon: A weapon whose law enforcement purpose is to cause death or life threatening injury. The only lethal weapons authorized for use by officers of this department are firearms. Less-Lethal Force: Any use of reasonable and necessary force that is not intended to, nor reasonably likely to, result in death or serious physical injury. Less-Lethal Weapon: A weapon whose law enforcement purpose is to resolve incidents in a manner that is not intended to, nor reasonably likely to, result in death or serious injury. The less-lethal weapons authorized for use by all trained officers of this department are the less lethal 40mm launcher, less-lethal “bean bag” shotgun, Conducted Energy Weapon (CEW) such as the TASER, defensive impact weapons, and defensive aerosol sprays. SOS/QRT and CDU personnel are allowed various other less-lethal weapons as specified in Index Code 402.2, Section XV.C.2. Non-Lethal Force: Any use of reasonable and necessary force (other than that which is considered deadly force or less-lethal force) which is applied to effect an arrest or to protect the officer or others from personal attack, physical resistance, harm, or death. Personal Weapon: Hands, arms, legs, feet when used as a weapon (i.e., punches, elbow strikes, knee strikes & kicks.) Reasonable Belief: Belief based on facts or circumstances the officer knows, or should know, and sufficient to cause a reasonable and prudent person to act or think in a similar way under similar circumstances. Serious Physical Injury: Physical injury that creates a substantial risk of death or causes permanent or protracted serious disfigurement, loss of function of any bodily member or organ, or impairment of the function of any bodily member or organ. Weapon of Opportunity: Any other object that an officer uses to apply force to another individual. Examples of weapons of opportunity are handcuffs, portable radios, and flashlights. Cancellation: This directive cancels Index Code 401 Appendix A, dated 05-23-22. Anne Arundel County Police Department Written Directive 1 OC SPRAY INDEX CODE: EFFECTIVE DATE: 404 03-27-23 Contents: I. II. III. IV. V. Purpose Policy Procedures Proponent Unit Cancellation I. PURPOSE The purpose of this policy is to establish guidelines for the use of oleoresin capsicum (OC) defensive aerosol spray. II. POLICY This department has issued OC defensive aerosol spray to provide officers with additional use of force options for gaining compliance of resistant or aggressive individuals in arrest and other enforcement situations. It is the policy of this department that personnel may use OC spray when warranted, but only in accordance with the guidelines and procedures set forth here and in this department’s Response to Resistance & Aggression policy. III. A. 1. 2. 3. B. 1. 2. 3. 4. 5. 6. PROCEDURES Authorization Only personnel who have demonstrated proficiency with OC spray are authorized to carry and use it. Proficiency must be demonstrated at least biennially (every two years), and be monitored by a certified weapons instructor. All uniformed officers and sergeants on patrol are required to carry the issued OC Stream Spray on their duty belt while on duty. Only the OC sprays meeting department specifications and issued by the department may be used by agency personnel in law enforcement responsibilities, both on and off duty. Usage Criteria OC spray is considered a use of force and will be employed in a manner consistent with this department’s use of force policy. OC spray may be used when verbal dialogue, if possible, has failed to bring about a subject’s compliance, and the subject indicates the intention to actively resist the officer’s efforts to arrest him or her. Whenever practical and reasonable, personnel should issue a verbal warning prior to using OC spray on a person. Officers may use deadly force to protect themselves from the use or threatened use of OC spray when the officer reasonably believes that deadly force will be used against them if they become incapacitated. Once a person is handcuffed or otherwise restrained and they are still combative and/or violent, officers must first attempt to exercise additional control over the individual by using empty handed or non-striking impact tool techniques before the use of OC spray is justified. (Any officer who uses OC spray on an already-restrained person must be prepared to explain that use.) Once an individual is incapacitated, the use of OC spray is no longer justified. Trained Patrol Supervisors are authorized to carry and use the departmentally issued OC spray fogger unit. The unit may be used as a crowd control device when unruly crowds spontaneously develop, officer safety is compromised, and participants refuse to obey lawful orders to disperse. Anne Arundel County Police Department Written Directive 1 Index Code: Effective Date: C. 1. 2. 3. 4. D. 1. 2. 3. 4. 5. 6. 7. E. 1. 2. 3. F. 1. 2. 3. 404 03-27-23 Usage Procedures Whenever possible, personnel should be upwind from the suspect before using OC spray and should avoid entering the spray area. Personnel should maintain a safe distance from the suspect of between three and ten feet. A single spray burst of between one and three seconds should be directed at the suspect’s eyes, nose and mouth. Additional bursts may be used if the initial bursts prove ineffective. Use of OC spray should be avoided, if possible, under conditions where it may affect innocent bystanders. Effects of OC Spray Within several seconds of being sprayed by OC spray, a suspect will normally display symptoms of temporary blindness, have temporary difficulty with breathing, a burning sensation in the throat, nausea, lung pain and/or impaired thought processes. The effects of OC spray vary among individuals. Therefore, all suspects will be handcuffed as soon as possible after being sprayed. CAUTION: Personnel should also be prepared to employ other means to control the suspect – to include, if necessary, other force options consistent with department policy – if the suspect does not respond sufficiently to the spray and cannot otherwise be subdued. Immediately after spraying a suspect, personnel will be alert to any indications that the individual needs medical care. This includes, but is not necessarily limited to, breathing difficulties, gagging, profuse sweating, and loss of consciousness. Upon observing these or other medical problems, or if the suspect requests medical assistance, personnel will immediately summon emergency medical aid. Suspects that have been sprayed will be monitored for indications of medical problems and will not be left alone while in police custody, until the effects have subsided. Personnel should provide assurance to suspects who have been sprayed that the effects are temporary, and should encourage them to relax. Air will normally begin reducing the effects of OC spray within 15 minutes of exposure. If the suspect is cooperative, personnel should assist him or her by rinsing the exposed area with water. Assistance will be offered to any individuals accidentally exposed to OC spray. All such incidents will be reported as soon as possible to the officer’s immediate supervisor and will be detailed in an incident report. Reporting Procedures Accidental discharges as well as intentional uses of OC spray will be reported to the immediate supervisor as soon as possible. A Response to Resistance and Aggression Report will be completed following all discharges of OC spray except during testing, training, use on an animal or accidental discharge. As the OC spray fogger unit is intended for unruly crowd dispersal, the supervisor may not have the required information for the “Suspect Information” section of the Response to Resistance and Aggression Report. In that event, the supervisor will enter “Disorderly, Threatening Crowd” in the “Suspect Information” section. An incident or supplement report will be written to accompany the Response to Resistance and Aggression Report. The supplement will describe the circumstances for deployment, to include an estimated number of persons in the crowd. In the event that known suspects were in the crowd, or affected suspects are identified during the incident, the supplement report will list the full name, gender, race, DOB, and address of all identified persons. Replacement All OC spray devices will be maintained in an operational and charged state. Replacements for damaged, inoperable or empty devices are the responsibility of personnel to whom they are issued. Replacements of OC spray canisters will occur when the unit has had 2 or 3 significant uses, or the canister has expired. The expiration date is 5 years beyond the manufacture date printed on the canister. OC spray canisters shall be inspected at least biennially by Academy staff. This should consist of a test spray, to determine if the canister is still functional. IV. PROPONENT UNIT: Training Division. V. CANCELLATION: This directive cancels Index Code 404, dated 04-13-20. 2 Anne Arundel County Police Department Written Directive CONDUCTED ENERGY WEAPON INDEX CODE: EFFECTIVE DATE: 406 03-27-23 Contents: I. II. III. IV. V. Purpose Policy Procedures Proponent Unit Cancellation I. PURPOSE The purpose of this policy is to establish guidelines for the use of a Conducted Energy Weapon (CEW). II. POLICY The Anne Arundel County Police Department has issued the TASER 7 to all patrol officers and patrol sergeants, as well as select trained personnel, to provide those officers with additional use-of-force options for gaining compliance of resistant or aggressive individuals in arrest and other enforcement situations. It is the policy of the department that personnel may use the TASER when warranted, but only in accordance with the guidelines and procedures set forth in this directive and in the department’s Response to Resistance & Aggression policy. III. A. 1. 2. B. 1. 2. 3. 4. 5. PROCEDURES Authorization Only personnel who have been trained, demonstrated proficiency, and have been issued a departmental TASER and associated equipment, are authorized to carry and use it. Proficiency must be demonstrated at least annually, and be monitored by a certified TASER instructor. Only the departmentally issued TASER issued TASER holster (Safariland), and issued TASER cartridges are authorized for use. Taser holsters must be mounted on the officer’s weak/support side of the duty belt. Taser operators may attach the Taser holster to an outer carrier vest provided it is secured to the weak/support side of the outer carrier vest (Exception: trained members of the Special Operations Section (SOS) are authorized to carry the TASER in an SOS drop leg or belt attached holster). Trained personnel, who are carrying a departmental TASER while on duty, must have both (2) cartridges affixed to their TASER at all times. The only exception to this would be if the officer has deployed a single cartridge, and is awaiting a replacement cartridge. Usage Criteria The use of a TASER is considered a use of force and will be employed in a manner consistent with the department’s use of force policy. The TASER may be used when verbal dialogue, if possible, has failed to bring about a person’s compliance, and the officer perceives a person to be an immediate threat of harm or injury, the person is fleeing or flight risk from a serious offense, or to prevent persons from harming themselves or others. A fleeing person will not be the sole justification for the use of the TASER. Severity of the offense and other circumstances will be considered before officers’ use a TASER on a fleeing person. The TASER may be used to display the CEW’s “warning arc” or “painting the subject with its laser” in an attempt to gain compliance of the person where resistance, assault, and/or violence is reasonably anticipated. When feasible, no more than one officer at a time should discharge a TASER against a person. Anne Arundel County Police Department Written Directive 1 Index Code: Effective Date: 6. 7. 8. 9. 10. 11. 12. 13. 14. C. 1. Whenever practical and reasonable, personnel should issue a verbal warning prior to discharging the TASER on a person. This could give the suspect the opportunity to voluntarily comply with the officer’s lawful orders. If other officers are present, the deploying officer, prior to deployment, should consider announcing, if reasonably safe and feasible, “TASER TASER!” This will give the other officers warning to either not engage or disengage from the suspect before the TASER is deployed. When discharging the TASER, the officer should only use it for one standard cycle (five seconds), then stop and evaluate the situation. In an attempt to minimize the number of TASER discharges needed for a person’s compliance, officers should, while deploying the TASER, reasonably direct (order) the subject as the incident mandates. Such verbal commands may include, “stop resisting,” “drop the weapon,” “put your hands behind your back,” etc. When available and safe to do so, cover officers will move in and “cuff under power”. Officers will only use the minimum number of activations necessary to place the person into custody. Multiple applications cannot be justified solely on the grounds that a person failed to comply with a command, absent other considerations such as a weapon in close proximity or attempting to flee from a serious crime. The use of a TASER in “drive-stun” mode will not reliably or foreseeably incapacitate the person. Officers will not use the TASER in drive-stun mode if they reasonably believe that discomfort will not cause the person to be compliant with the officers; i.e., TASER use in drive-stun mode on a drug induced highly pain-resistant person. The TASER is not a substitute for deadly force, and generally should not be used in those situations. If a TASER trained officer does deploy the TASER in those situations, he/she must have another officer present to provide deadly force cover. Officers may use deadly force to protect themselves from the use or threatened use of a TASER when the officer reasonably believes that deadly force will be used against them if they become incapacitated. A TASER may be deployed on an animal when the animal is threatening or is attacking a person, including officers, another animal, or property. When lawful and appropriate to do so, the deploying officer will take photographs of the probe impact sites and any related injuries. When not in use, TASER’s will be kept in a secure place, inaccessible to all persons who are not trained TASER operators of the department. At no time will an officer have their firearm and TASER drawn simultaneously. Elevated TASER Application Risk Factors and Justification Factors The following factors, where apparent to involved officers, require additional justification of TASER use. This is because the risks of foreseeable direct or secondary injuries are elevated: a. b. c. d. e. f. g. h. i. j. 2. Presence of flammable liquids/fumes or explosive environments Elevated positions Person operating moving vehicle or machinery Person running (fleeing) Person standing or running on hard surface such as concrete or asphalt Pregnant female Swimming pool or other body of water Intentional TASER application to sensitive areas Frail or infirm individual Non-standard repeated TASER applications beyond 15 seconds or three 5 second probe exposures The following factors involve groups of people from which the general public commonly assumes that these individuals are not capable of being an imminent threat of death and/or serious bodily harm, or that these people should be treated more sensitively and compassionately by officers. Officers understand that the realities are that individuals from each of these groups do commit violent crimes, can be an imminent threat of death and/or serious bodily harm to officers, others, and themselves, can be so resistive that the use of a TASER is eminently justified, etc. However, since society generally places individuals within these groups into protected classes, officers using a TASER on one of these individuals will foreseeably be placed under heightened scrutiny and will likely be required to provide additional justification(s) for the use of the TASER. These groups include: a. 2 406 03-27-23 Children Anne Arundel County Police Department Written Directive Index Code: Effective Date: b. D. 2. 3. 4. 5. 6. Seniors Prohibited Taser Deployments The use of a CEW constitutes a significant level of force, consistent with batons or pepper spray. When using a CEW, officers must consider the risk of bodily harm that their actions pose to a suspect in light of the suspect’s threat to the public that the officer is trying to eliminate. Therefore, the use of a CEW is prohibited in the following situations: a. b. c. d. E. 1. 406 03-27-23 Nonviolent misdemeanor offenses Handcuffed prisoners Fleeing persons where there is no probable cause for an arrest Passive, non-compliant persons Post TASER Medical Attention All individuals who have been exposed to the TASER by probe deployment or by drive stun will be transported to the hospital by EMS personnel (an exposure is defined as a probe entering the skin or when an individual experiences Neuro-Muscular Incapacitation by probe deployment or experiences the effects of a drive stun). The individual will be medically evaluated and if necessary will have the probes removed while at the hospital. (This does not apply to officer exposure during training or if an officer receives a secondary exposure while taking a subject into custody). EMS personnel will be summonsed to the scene by the deploying officer. If the probes have penetrated the skin, EMS personnel should be advised to not remove them prior to transport. The probes should only be removed by a doctor or authorized medical staff at the Hospital. Officers may remove probes which have penetrated clothing and are not intact with the skin. If this occurs, the subject is still required to be transported to the hospital by EMS personnel for a medical evaluation, if they experience Neuro-Muscular Incapacitation. If the subject does not experience Neuro-Muscular Incapacitation, due to an incomplete circuit (i.e., only one probe making contact to the clothing), then a medical evaluation is not necessary. Should the probes impale a sensitive area, (head, neck, hands, feet or genitalia) officers will attempt to stabilize the probes in place until EMS personnel arrive on scene. Officers will instruct EMS personnel to continue probe stabilization until the probes can be removed by a doctor or authorized medical staff at the Hospital. Scene security or volatility may necessitate selecting an alternative location for meeting medical personnel for transport. This may be accomplished by moving the subject to a neutral secure location, police facility and/or fire station. Probes that have been deployed and strike the subject (pen