Denver Police Department Operations Manual PDF - Force And Control Options

OPERATIONS MANUAL D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES REVISED: 01/24/2023...

OPERATIONS MANUAL D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES REVISED: 01/24/2023 PAGE: 1 OF 7 105.02 FORCE AND CONTROL OPTIONS (1) POLICY: In accordance with department policy and training, the Denver Police Department authorizes force and control options, including less lethal weapons. The use of less lethal weapons can in some situations avoid the need for greater amounts of force - including lethal force - may reduce injury, and may assist officers in protecting the public, themselves, and other officers. The department’s goal for the protection of both officers and the community is that officers use non-force alternatives, including de-escalation, before resorting to the use of force and control options, when time and circumstances permit. Officers may only use force and control options if non-force alternatives would be ineffective in effecting an arrest, preventing an imminent threat or serious bodily injury or death to the officer or another person. When applying force and control options, the initial application, and each subsequent application, must be individually reasonable and necessary under the totality of circumstances to safely accomplish a lawful purpose. The DPD Arrest Control Techniques (ACT) Manual is the guiding document for the most current methods and techniques of applying force. Force and control options designed and intended to be less lethal (in alphabetical order):  40 mm launcher  Baton / Impact tools (strikes)  TASER Energy Weapon  Chemical agents and munitions  Hand Control  Noise Flash Diversionary Device (NFDD)  Baton (arrest control / pain compliance)  PepperBall® system  Personal body weapons (hands, knees, elbows, feet)  RIPPTM leg restraint device  Takedowns (2) DEFINITIONS: 40 mm launcher: Single round or multi-launcher that fires department approved and issued 40 mm specialty impact munitions (including 40 mm OC). Authorized user: An officer trained and authorized by the department to use, handle, carry, and deploy the item referenced. Baton / Impact tools: Authorized baton used to deliver strikes as a means of self-defense or the protection of others. TASER Energy Weapon: Conducted electrical weapon which uses an electrical signal to temporarily override the motor and sensory nervous system. Chemical agents and munitions: Aerosol (duty belt carried) and gas munitions (fogger, grenade, PepperBall® system) used as a means of preventing or overcoming resistance, assault, or dispersal. Hand Control: Low-level control holds (arm control, arm bar, come-along, elbow control, goosenecks, and shoulder/twist/wrist locks), pressure-point control tactics, and other types of holds intended to physically O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 2 OF 7 control the movement of an individual with minimal pain and/or injury, or when attempting to gain compliance with targeted pressure or joint manipulation. Less lethal force: Force application which meets an operational or tactical objective that is not intended to and has a reduced likelihood of causing death or serious bodily injury. Less lethal weapon: A weapon (PepperBall® system, 40 mm launcher, TASER Energy Weapon) which when used as designed and intended has less potential for causing death or serious bodily injury than police lethal weapons. Noise Flash Diversionary Device (NFDD): Also referred to as a flash sound diversionary device, diversionary device, or flashbang, intended to provide a brief distraction. PepperBall® system: An air-powered launch device that deploys plastic sphere projectiles filled with powdered Oleoresin Capsicum (OC). Personal body weapons: Anatomical weapons (hands, knees, elbows, feet, etc.) used to deliver kicks or strikes as a means of self-defense or in the protection of others. RIPPTM leg restraint device: A device used to temporarily restrain and/or immobilize the legs and lower body of an individual. Takedown: The act of physically directing an individual to the ground to limit physical resistance, prevent escape, or increase the potential for controlling the individual. (3) GENERAL GUIDELINES – FORCE AND CONTROL OPTIONS: Officers will use less lethal force and control options in accordance with department training and policy. a. Baton / Impact tools: 1. In response to Defensive Resistance, the baton / impact tool may be used only to apply come along, escort, or pain compliance techniques. A person who remains non-violent will not be intentionally struck with a baton / impact tool. 2. The minimum type of resistance for the application of a baton / impact tool or any other tool as an impact device is Active Aggression.  The head and neck will not be intentionally struck with a baton / impact tool unless the officer is using lethal force per OMS 105.01 (7).  Officers must be able to articulate how the use of any device or object as an impact weapon, other than those authorized, was reasonable and necessary and in compliance with the Use of Force policy.  Firearms are not an appropriate impact weapon because of the inherent danger of an accidental discharge. b. Chemical Agents and Munitions: 1. The minimum type of resistance for application of a chemical agent or munition is Defensive Resistance. Deployment of any chemical agent or munition requires that the officer be an authorized user for that item. Chemical agents and munitions may provide an effective force option and may be used in the following situations:  To prevent injury to an officer or a third person.  To ward off an attack from a canine or any other animal.  To subdue an individual who is threatening or attempting suicide.  Against an individual resisting and/or interfering with an arrest.  To quell rioting/disperse unlawful crowds.  Any situation where the officer can clearly articulate the need for deployment.  NOTE: This does not include the 40 mm OC round – see section (4) O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 3 OF 7 2. The use of a chemical agent or munition for crowd/riot control will be in accordance with the DPD Crowd Management Manual. d. Personal body weapons: The minimum type of resistance for the application of personal body weapons is Active Aggression. Officers must articulate why hand control was or would have been ineffective and personal body weapons were used. e. Takedowns: The minimum type of resistance for the application of a takedown is Defensive Resistance. f. Hand Control: The minimum type of resistance for the application of hand control techniques is Verbal Non- Compliance. g. RIPPTM Leg Restraint Device: 1. The RIPPTM leg restraint device is the only authorized system/method for immobilizing the legs and lower body of an individual. Only authorized users will carry and/or deploy this device. The RIPPTM leg restraint device is not to be attached to an arrestee’s handcuffs and will be utilized and applied in accordance with the Arrest Control Manual. 2. The RIPPTM leg restraint device will only be used in situations where handcuffed individuals continue to be combative and still pose a threat to themselves or officers, or could cause significant damage to property, if not properly restrained. 3. After the RIPPTM leg restraint device is applied, officers will immediately roll the individual on his/her side and monitor them. If there are signs such as labored breathing and/or profuse sweating, officers should relax the tension of the leg restraint and/or consider removing the device. Once in a side-lying position, officers will not allow the individual to roll to a face down position. h. Noise Flash Diversionary Device (NFDD): 1. Only certified members of the METRO/SWAT are authorized to deploy NFDDs. 2. NFDDs will not be deployed in crowd-control situations. (4) LESS LETHAL WEAPONS - DEPLOYMENT: a. Communication: 1. When possible, officers and supervisors should strategize prior to deploying any less lethal weapon. 2. When possible, officers should give clear and concise verbal commands to the individual prior to, during, and after the deployment of any less lethal weapon. Officers should afford the person a reasonable opportunity to comply prior to deploying any less lethal weapon and prior to any subsequent deployments. 3. Officers deploying a less lethal weapon usually will not perform any other duty, such as searching or handcuffing, until their less lethal weapon is safely holstered or stowed. b. Restricted Areas: Unless lethal force is reasonable and necessary, targeting the following areas with a less lethal weapon (point of aim) is prohibited: 1. The head, eyes, throat, neck, breasts of a female, genitalia, pelvis, or spinal column. NOTE: The entire back is prohibited when less lethal weapons are deployed in response to protests/riots. 2. At an open wound (when the officer has prior knowledge of the open wound). c. General Prohibitions: O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 4 OF 7 1. Playful or malicious display, or intentional misuse of any less lethal weapon. This includes firing or deploying any less lethal weapon indiscriminately into a crowd. 2. To prevent an individual from swallowing evidence. 3. Against any individual more susceptible to injury such as small children, disabled individuals, or the elderly, unless the officer can articulate the action(s) were reasonable and necessary under the totality of the circumstances. 4. As a tool of punishment or unlawful coercion. 5. Where its use will cause the individual to lose control of a motor vehicle unless officers can articulate compelling reasons. 6. Against a pregnant female (when the officer has prior knowledge of the pregnancy). 7. Against a handcuffed arrestee/detainee, unless the individual demonstrates an overt act of Aggravated Active Aggression and there was no reasonable alternative. 8. To terminate a foot chase, unless the individual’s actions rise to Active Aggression. 9. Rubber-ball grenades are not authorized and will not be deployed. d. 40 mm launcher: 1. Acceptable uses of a 40 mm launcher include:  To incapacitate, safely control, or take into custody an individual whose conduct rises to Active Aggression or Aggravated Active Aggression. Its use may become necessary when other force options would be inappropriate or ineffective, and it is reasonable and necessary under the totality of the circumstances to avoid having to use lethal force; or  As less lethal intervention to prevent an officer or a third person from being seriously injured or killed; or  To incapacitate an individual who is threatening or attempting suicide. 2. Preferred Point of Aim: The 40 mm launcher should be aimed at areas of the body with large muscle mass and in avoidance of the restricted areas. 3. Unless lethal force is reasonable and necessary, an officer will not intentionally deploy the 40 mm launcher from a range of less than five (5) feet. e. TASER Energy Weapon: 1. Acceptable uses:  To incapacitate, safely control, or take into custody an individual whose conduct rises to Active Aggression; or  To incapacitate an individual who is threatening or attempting suicide. 2. Preferred Point of Aim:  The TASER Energy Weapon should be aimed lower center mass, just below the sternum, and in avoidance of the restricted areas.  Probe strikes to any restricted area will be specifically noted in the Use of Force Report (DPD 12) and deploying officers will detail circumstances in their written statement. 3. Application:  Officers should utilize a support hand directional draw - not a cross-draw with the dominant hand – as the motor movements are distinctly different from those required to draw a firearm. When possible, officers should visually acknowledge that they O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 5 OF 7 have selected the TASER Energy Weapon and not a firearm. Once the officer has drawn the TASER Energy Weapon, officers can shift the TASER Energy Weapon to the dominant hand if desired. Shifting to the dominant hand may give the officer another opportunity to verify that they have selected the TASER Energy Weapon prior to deployment.  When it appears both reasonable and feasible under the circumstances, officers may, but are not required to, display a warning arc prior to the application of the TASER Energy Weapon. The display of a visible/audible arcing of electricity between the front electrodes of the TASER Energy Weapon to the intended individual in order to gain voluntary compliance to a lawful order and to prevent the need to use force. When displaying a warning arc, the officer should give clear and direct verbal instructions and the individual should be given a reasonable opportunity to comply. A warning arc must never be used maliciously or with the intent to psychologically torment the individual.  When a TASER Energy Weapon is used, officers will deploy the device for one energy cycle (the default length of an energy cycle is when the trigger is pressed and released) and officers will reassess the situation. When reassessing, subsequent and continual energy cycles may not be effective against an individual; officers may have to consider other force options.  When reasonably possible, individuals should be taken into custody while experiencing neuromuscular incapacitation.  The probe mode is the preferred method of deployment and typically has more effectiveness than drive-stuns. Officers should avoid deploying the TASER Energy Weapon drive-stun method except: o When attempting 3 or 4-point contact to complete the circuit or to increase probe spread when attempting neuromuscular incapacitation. o When used as a distraction tactic (break-contact) to create reactionary distance. o When applied briefly to obtain pain compliance.  More than one drive-stun will not be applied, even if compliance is not achieved.  Officers should not apply drive-stuns if pain compliance is unlikely due to a perceived mind-body disconnect (e.g., psychotic episode) or an apparent increased pain tolerance level (e.g., drug/alcohol usage).  Only the minimum number of energy cycles necessary to place the individual into custody will be used. 4. The TASER Energy Weapon will not be used:  In any environment where an officer knows that a potentially flammable, volatile, or explosive material is present.  In any environment where an officer knows or should have known that the neuromuscular incapacitation could cause an injury more significant than intended. f. ® PepperBall system: 1. Acceptable uses of the PepperBall® system may include:  Direct impact to incapacitate, safely control, or take into custody an individual whose conduct rises to Active Aggression, Aggravated Active Aggression; or  Direct impact to incapacitate an individual who is threatening or attempting suicide; or  When deployed towards the ground, or an area of space near an individual or a crowd of people requires Defensive Resistance. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 6 OF 7  When its use is likely to prevent an officer or a third person from being injured by an individual; or  When ordered by a field force commander or other command officer in crowd control or riot situations – see DPD Crowd Management Manual. 2. Preferred Point of Aim: The PepperBall® system should be aimed lower center mass, just below the sternum, and in avoidance of the restricted areas. (5) LESS LETHAL WEAPONS – AUTHORIZATION AND STORAGE: a. Authorization – PepperBall® system and 40 mm launcher: Only authorized users will display, carry, or deploy a PepperBall® system or 40 mm launcher. Selection of officers will be based on the following criteria: 1. Officers must be selected by their commanding officer and approved by their division chief to carry and use a PepperBall® system or 40 mm launcher. 2. Officers must successfully complete designated instruction and periodic qualification conducted by authorized less lethal instructors. The Training Section maintains the training curriculum and list of authorized users. Authorized users can also be identified within TeleStaff. 3. Violations of this policy may result in officers being removed as an authorized user and possible disciplinary action. b. Authorization – TASER Energy Weapon: 1. Officers must successfully complete a department approved training program to be an authorized user of the TASER Energy Weapon. Additionally, officers are responsible for maintaining their certification and authorization by successfully completing an annual refresher training module. 2. Designated officers will be issued a TASER Energy Weapon and will retain possession of the device for the duration of their bureau/district assignment.  When issued a TASER Energy Weapon, on-duty uniformed officers and officers working uniformed secondary employment are required to carry it on their person, in an approved holster on the side opposite of their firearm (support side).  When drawn, the TASER Energy Weapon will be placed back into the approved holster, on the side opposite the firearm (support side), and not temporarily placed in a pocket or any other location where it is not secured. The use of an approved drop leg platform or molle mount is authorized.  When transferred from patrol, a uniformed assignment with enforcement duties, or promoted to the rank of lieutenant, officers will relinquish their assigned TASER Energy Weapon to the Less Lethal Coordinator for redeployment. Officers who wish to retain their TASER Energy Weapon for uniformed secondary employment, or for any other reason, must submit a DPD 200 through their chain of command for approval. The request must articulate the reason why they wish to retain the TASER Energy Weapon. If approved, command officers will forward the DPD 200 request to the Less Lethal Coordinator for final approval and the submitting officer will be notified of the decision. 3. At designated operational assignments, TASER Energy Weapons will be issued to authorized users by an armory officer or supervisor at the beginning of each shift and returned at the end of the officer’s shift to an armory officer or a supervisor. When issued a TASER Energy Weapon, uniformed officers are required to carry it on their person, in an approved holster. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 7 OF 7 4. Prior to going in service, officers should conduct a functional spark test of their TASER Energy Weapon to ensure it is firing properly. If the device does not fire properly, officers will notify their supervisor and the item will be removed from field service. 5. Officers will periodically inspect the expiration date of their TASER Energy Weapon cartridges. Equipment at expiration or past five (5) years of life will be removed from field service and returned to the Less Lethal Coordinator. c. Storage and Handling: 1. Except for TASER Energy Weapons, all departmental less lethal weapons not deployed in the field will be maintained in a police facility, in a locked cabinet or room designed specifically for the secure storage of less lethal weapons. 2. Chemical agent munitions (except for MK-4 personal OC), PepperBall® systems, and 40 mm launchers must be inventoried and signed out from the district or unit armory by a corporal, sergeant, or above, or from a Special Operations Bureau representative in the field, to an authorized user/operator. 3. At the conclusion of a shift or event, all chemical agent munitions, PepperBall® systems, and 40 mm launchers will be returned to the district or unit armory to a corporal, sergeant, or above or the Special Operations Bureau representative, for inventory and accountability. A CAD/GO report number must be recorded and required reports must be completed for any used or missing munitions – See OMS 105.03 or OMS 504.03(3) a. and b. 4. A CAD/GO number for all used or missing munitions (PepperBall® and 40MM) will be provided to the Less Lethal Coordinator’s office for replenishment or replacement. 5. When not being carried on an officer’s person, the TASER Energy Weapon will be stored in a secure manner. Officers are not authorized to carry the TASER Energy Weapon in their non-police capacity. 6. The inventory of less lethal weapons will be completed per OMS 504.04.