Broward County Sheriff's Policy Manual PDF

SHERIFF’S POLICY MANUAL 6.4 WEAPONS OTHER THAN FIREARMS/LESS-LETHAL WEAPONS A. General: 1. Deputies have a number of response levels and techniques available to them to counter resistance. For example, a firearm may...

SHERIFF’S POLICY MANUAL 6.4 WEAPONS OTHER THAN FIREARMS/LESS-LETHAL WEAPONS A. General: 1. Deputies have a number of response levels and techniques available to them to counter resistance. For example, a firearm may be employed in a deadly force situation. There are other situations that do not necessarily rise to the level of deadly force but may be better controlled with less-lethal weapons. The Sheriff and his staff carefully consider the tools issued to deputies to manage response to resistance situations. This section will outline other weapons authorized by the Sheriff for deputies. Deputies are only permitted to carry those weapons that are specifically authorized by this policy and for which the deputy is qualified. Note, all force, including force through weapons other than firearms/less-lethal weapons, must be determined by objective reasonableness in accordance with Graham v. Connor, 490 U.S. 386 (1989). [CFA 4.06 C, FCAC 9.01 A] 2. Less lethal weapons are defined as weapon systems that are explicitly designed and primarily employed to induce a subject to submit or to comply with directions while minimizing fatalities, permanent injuries, and unnecessary damage to property and the environment. 3. All weapons covered in this section must be inspected at least annually per the Deputy Monthly Inspection Report (BSO RP#10) prior to carrying on or off duty. Any unsafe or non-functioning weapon will be repaired or replaced prior to use. [CFA 4.06 A, B] 4. All deputies authorized to carry weapons must demonstrate proficiency with that weapon. Deputies who cannot meet the minimum level of proficiency with each weapon will be scheduled for remedial training. Only upon successful completion of remedial training will the deputy be permitted to carry that weapon on or off duty. [CFA 4.06 C, CFA 10.10 D] 5. All instructors for weapons other than firearms must be certified to teach with that particular weapon. When deputies complete the course of instruction, they will receive a training certificate for that Reviewed: 06/09/2023 Revised: 09/19/2023 Rescinds: 05/23/2022 Effective: 10/26/2023 6.4 Page 1 of 13  SHERIFF’S POLICY MANUAL particular weapon. The certificate will be placed in the deputy’s individual training record. [CFA 4.06 C, CFA 10.10 D] B. Impact Weapons: 1. Batons: Batons may be carried by law enforcement and detention deputies at their discretion, as necessitated by their job assignment 2. Expandable Baton: a. On-duty law enforcement and detention deputies successfully completing the BSO expandable baton course may carry expandable batons. The Training Division may waive this requirement pending a review of training records from a previous employer or certified training site. b. Uniformed deputies may carry 21” to 26” expandable batons based on their preference. Expandable batons will be BSO- issued. Additional expandable batons purchased by a deputy must be from the same manufacturer issued by BSO. A deputy may use an ASP, Monadnock, or Peacekeeper expandable baton if it differs from the manufacturer issued by BSO and if the expandable baton was issued to them or purchased by them prior to December 12, 2017. c. Non-uniformed deputies may carry a 16" expandable baton. d. Certification must be coordinated with ICJS. [CFA 4.06 C, CFA 10.10 D] e. Deputies will receive, at a minimum, biennial training on the utilization of the expandable baton. This training will take place during In-Service Training. C. OC Pepper Spray/Foam: Reviewed: 06/09/2023 Revised: 09/19/2023 Rescinds: 05/23/2022 Effective: 10/26/2023 6.4 Page 2 of 13  SHERIFF’S POLICY MANUAL 1. Oleoresin Capsicum (OC) is an organic extract of cayenne pepper. It is an inflammatory agent to the eyes and mucus membranes and is typically sprayed from a small aerosol canister. 2. OC pepper spray/foam will be used to protect deputies or other persons from assault and overcome a resistive or combative person who is being arrested. 3. The OC pepper spray/foam product and brand authorized for use will be determined by the Training Division. Only authorized/issued brands or products can be carried and used by deputies. [CFA 4.06 C] 4. The Training Division will conduct an initial four-hour training course to include classroom and hands-on material instruction. All trainees will experience the effects of OC pepper spray/foam. The Training Division may waive this requirement pending a review of training records from a previous employer or certified training site. [CFA 4.06 C, CFA 10.10 D, FCAC 9.01] 5. OC pepper spray/foam may be used on disorderly, handcuffed prisoners who are placed in the rear of a deputy's vehicle if they attempt to attack a deputy/harm themselves or to discourage damage to BSO property (prisoner attempts to kick out the rear window of a vehicle, etc.). OC pepper spray/foam can only be used after a clearly articulated verbal warning is given, and only if it is safe to do so. 6. When deploying OC pepper spray/foam, deputies should: a. Clearly articulate a verbal warning or signal to other deputies by stating "Clear" or "OC." b. Be three to ten feet away from the subject when using OC pepper spray. c. Be three to eight feet away from the subject when using OC pepper foam. d. Aim for the face and eyes of the subject. Reviewed: 06/09/2023 Revised: 09/19/2023 Rescinds: 05/23/2022 Effective: 10/26/2023 6.4 Page 3 of 13  SHERIFF’S POLICY MANUAL e. Spray until the subject is hit with the OC pepper spray/foam. 7. Deputies making OC pepper spray/foam contact with the subject should: a. Allow time for the OC pepper spray/foam to take effect. b. When the subject is under the effects of the OC pepper spray/foam, clearly verbalize what the subject should do since hearing is not affected by the OC pepper spray/foam. c. Clearly tell the subject that decontamination will be conducted after the subject fully complies with the orders. d. Direct the subject to an advantageous area and proceed with the proper arrest techniques. e. Control the subject and properly place handcuffs or other BSO-approved restraints on the subject. f. Decontaminate the subject as soon as practical. 8. Decontamination: a. Deputies will start the decontamination process as soon as practical after the OC pepper spray/foam is used. b. To decontaminate, deputies will use copious amounts of cool water and fresh air or use an approved commercial decontaminate spray. Subjects in the custody of the Department of Detention may be decontaminated by the contractual medical provider in lieu of a deputy. c. Cool water and fresh air decontamination should eliminate symptoms within one hour; the use of decontaminate sprays may work faster. d. Subjects must receive hospital clearance if they complain of pain or the symptoms or effects have not worn off after one Reviewed: 06/09/2023 Revised: 09/19/2023 Rescinds: 05/23/2022 Effective: 10/26/2023 6.4 Page 4 of 13  SHERIFF’S POLICY MANUAL hour. All subjects in the custody of the Department of Detention will be assessed by a contractual medical provider or hospital in every instance of exposure to OC pepper spray/foam. 9. The use and decontamination of OC pepper spray/foam will be documented on an incident report and Supervisor’s Blueteam Use of Force Review in accordance with this chapter. 10. Deputies will receive, at a minimum, biennial training on the utilization of OC Pepper Spray/Foam. This training will take place during In-Service Training. D. Conducted Electrical Weapon (CEW) 1. A CEW is a less-lethal weapon option that causes neuromuscular incapacitation (NMI). When used as directed in probe-deployment mode, CEWs are designed to temporarily incapacitate a person from a safer distance than some other use of force options, while reducing the likelihood of death or serious injury. Only BSO- approved propelled CEWs are authorized. 2. Approved Equipment and Training: a. Significant differences exist between CEW models. Only deputies who have successfully completed the CEW Certification Training for the specific CEW model by a certified Taser instructor will be authorized to carry or operate the BSO-approved Taser CEW device. The Training Division may waive this requirement pending a review of training records from a previous employer or certified training site. [CFA 4.06 C, CFA 10.10 C, FCAC 9.01] b. Deputies will only carry BSO-approved replacement cartridges. Deputies must carry the CEW with the safety in the “safe” position. c. Deputies will carry the CEW in a BSO-approved holster. Reviewed: 06/09/2023 Revised: 09/19/2023 Rescinds: 05/23/2022 Effective: 10/26/2023 6.4 Page 5 of 13  SHERIFF’S POLICY MANUAL d. All CEWs will be carried in the cross-draw position. e. Deputies will annually receive training on the CEW devices. Training topics will consist of but not be limited to the following: [CFA 4.06 C, FCAC 9.01 C] i. Deployment/Use/Documentation ii. CEW retention/Transition drills iii. Scenario-based training iv. Medical considerations f. The Training Division and Information Technology Division will each have a CEW representative who will act on the agency’s behalf on agency CEW issues. i. The Information Technology Division is responsible for the management and administration of Axon Enterprise CEWs, including the acquisition, inventory, and distribution of the CEWs, parts, and accessories. ii. The Training Division is responsible for the training and certification of deputies assigned CEWs. g. The Information Technology Division is responsible for providing the Training Division with the allotted supply of training cartridges. 3. CEW Use: a. CEWs are designed to restrain actively or aggressively resistant subjects, where alternative restraint tactics have or are reasonably likely to fail, and/or it would be unsafe for deputies to approach the subject. b. When deputies confront juveniles, elderly persons, and pregnant females, CEWs will only be used when all other Reviewed: 06/09/2023 Revised: 09/19/2023 Rescinds: 05/23/2022 Effective: 10/26/2023 6.4 Page 6 of 13  SHERIFF’S POLICY MANUAL alternatives to restrain, secure, and prevent injuries have failed and/or there may be a likely risk of injury to the deputy or subject by not deploying the CEW. Deputies should at all times take into consideration the subject's age, physical characteristics, and emotional state prior to deployment. c. Deputies’ decisions to use repetitive cycles or multiple CEWs at the same time should be based on the totality of the circumstances. Repetitive cycles or simultaneous CEW exposures could have a cumulative effect and result in increased risk. i. Use the shortest duration of CEW exposure objectively reasonable to accomplish the lawful objectives, and reassess the subject’s behavior, reaction, and resistance before initiating or continuing the exposure. If the CEW use is ineffective in incapacitating a subject or achieving compliance, consider alternative control measures in conjunction with or separate from the CEW. ii. Avoid simultaneous CEW exposures. iii. Begin control and restraint procedures, including through the CEW exposure (cuffing under power), as soon as reasonably safe and practical. d. When tactically appropriate, deploying deputies will announce “Taser” to alert other deputies of the impending use of the CEW. e. Prior to deployment of the CEW, deputies must take into consideration both environmental and subject factors which may contribute to serious injuries or death. Deputies deploying the CEW are responsible for evaluating each situation on an individual basis before deployment. Reviewed: 06/09/2023 Revised: 09/19/2023 Rescinds: 05/23/2022 Effective: 10/26/2023 6.4 Page 7 of 13  SHERIFF’S POLICY MANUAL f. When possible, the use of a CEW in known flammable conditions should be avoided due to the increased risk of death or injury. g. The CEW will not be used on a subject operating any mode of transportation. Deputies will not deploy the CEW from a moving vehicle. h. The CEW can be used on a handcuffed prisoner to prevent escape or injury to the prisoner or deputy. Whenever practical, a verbal warning should be given to the prisoner before deployment of the CEW. i. A deputy’s decision to deploy the CEW on a subject who deputies are attempting to take into custody pursuant to the Baker Act will be predicated on the subject’s actions. Deputies should be aware of the subject’s behavior that could cause harm to themselves or others and who has the apparent ability to carry out those actions. j. A deputy’s decision to use either the propelled wires or drive stun mode is based on factors at the time of deployment and what would be most advantageous to gain compliance by the subject. Drive-stun mode is for pain compliance only and generally does not cause incapacitation. It may not be effective on emotionally disturbed individuals or others who appear to not respond to pain compliance measures. Avoid using repeated drive-stuns on such individuals if compliance is not achieved and consider alternative control measures. k. Taser preferred target areas as defined by Taser should be used when practical. l. When practicable, avoid intentionally targeting the CEW on sensitive areas of the body. The Taser’s laser aiming aide will not be intentionally directed at sensitive areas of the body. 4. Maintenance and Care of Equipment: Reviewed: 06/09/2023 Revised: 09/19/2023 Rescinds: 05/23/2022 Effective: 10/26/2023 6.4 Page 8 of 13  SHERIFF’S POLICY MANUAL a. Deputies will check their CEW before the start of each shift by conducting a five (5) second “spark” test consistent with the manufacturer’s training. This should be done in a safe area away from public view to ensure the CEW is properly charged. i. DLE deputies will document their spark tests using the Premiere One /Computer-Aided Dispatch (CAD) status section. ii. DOD deputies will document their spark tests using the Jail Management System (JMS). iii. No other test will occur without the supervisor's approval. b. If at any time the CEW, battery, or air cartridge is defective or damaged that unit must be taken out of service immediately, returned to the Information Technology Division, and not used again until it is repaired. Deputies will not conduct any maintenance on agency CEWs. c. The Information Technology Division will be responsible for purchasing CEWs, batteries, and cartridges. d. The Information Technology Division is responsible for returning defective or damaged CEWs, batteries, and cartridges to the manufacturer. e. Prior to returning to the manufacturer, the CEW will be downloaded by the Information Technology Division. f. CEWs will be downloaded a minimum of twice per year, in February and August, regardless of use. CEWs will be downloaded prior to being sent away for repair unless the necessary repair prevents them from being downloaded. Except for training or spark tests, CEWs will be downloaded immediately after any use. The data obtained from Reviewed: 06/09/2023 Revised: 09/19/2023 Rescinds: 05/23/2022 Effective: 10/26/2023 6.4 Page 9 of 13  SHERIFF’S POLICY MANUAL downloading Axon Enterprise CEWs (Taser) will be stored on Evidence.com. i. DLE Deputies will log into Evidence Sync and download their own device. ii. DOD Deputies will download their own devices by removing the battery and placing it in an agency CEW dock. g. Staff Inspections will work with the Training Division to ensure that CEW usage falls within administrative guidelines. 5. Reporting Procedure: a. Deputies will immediately contact their supervisor and advise the supervisor that they have discharged the CEW, even if the discharge was unintentional. The supervisor will respond to the scene to ensure that a thorough review of the CEW usage is conducted to include a CEW download report before the end of the deputy’s shift. b. Deputies will write an incident report documenting all events on the use of the CEW including unintentional discharges. c. Except during training, deputies deploying their CEW will complete an Incident Report in all instances including use on animals. Supervisors will complete the applicable Blueteam Use of Force Review for all CEW deployments, except during training or accidental discharges. All deputy and subject injuries must be clearly documented and detailed on these reports. d. If the discharge was unintentional, the deputy will complete an incident report only. e. Deputies will take photographs of where the probes or drive stun made contact and any injuries suffered during the Reviewed: 06/09/2023 Revised: 09/19/2023 Rescinds: 05/23/2022 Effective: 10/26/2023 6.4 Page 10 of 13  SHERIFF’S POLICY MANUAL altercation. These photographs will be labeled and accompany the Supervisor’s Blueteam Use of Force Review to Internal Affairs. Photos of “secondary” injuries will be taken as well as photographs of the scene and the deploying deputy. (Also refer to SPM 6.1.8 Use of Force Documentation.) f. The use of a CEW will be documented on an Incident Report and Supervisor’s Blueteam Use of Force Review, as applicable, in accordance with this chapter. 6. Post Deployment Care: a. After the subject is detained, only a certified CEW deputy will remove the probes unless the subject was struck in a sensitive area. Removal of probes can be done at the scene with safety gloves. b. If a subject is struck in a sensitive area, they will be transported to a medical facility for treatment to have the probes removed by qualified medical staff. c. All probe contacts and drive stun techniques will require immediate medical attention and clearance. Subjects will be transported to the nearest hospital or medical facility. d. When the subject is taken to the intake facility, the deputy will advise booking that the subject was exposed to a CEW deployment and provide medical clearance documentation from the attending hospital. e. Deputies will maintain constant observation of the subject following CEW deployment and removal of probes. Medical attention will be documented on the Incident Report and Supervisor’s Blueteam Use of Force Review. Deputies should be alert for the following conditions after CEW usage: i. High body temperature Reviewed: 06/09/2023 Revised: 09/19/2023 Rescinds: 05/23/2022 Effective: 10/26/2023 6.4 Page 11 of 13  SHERIFF’S POLICY MANUAL ii. Subject complains of chest pain, abdominal pain, or back pain iii. Subject complains of shortness of breath or rapid heartbeat iv. Subject is incoherent v. Subject is unconscious f. The expended probes and safety gloves will be treated as bio-hazard material. The probes will be inserted point first back into the air cartridge ports. The cartridge ports will then be sealed with tape and placed into a bio-hazard container. 7. Department of Detention Conducted Electrical Weapon (CEW) a. Definition: CEWs include the following approved less-lethal weapons: i. Stun Tech Electronic Immobilization Shield. ii. Stun Tech Ultron II ii. Stun Belt iv. Propelled CEW devices b. Department of Detention CEWs will be utilized in accordance with the Department of Detention's Standard Operating Procedures. E. Civil Disturbance Control Agents 1. Although civil disturbance control agents issued by BSO are less lethal, the use of available canisters must be carefully evaluated. Authorized civil disturbance control agents are only used by trained employees and only at the supervisor's discretion. [CFA 4.06 C, FCAC 9.01 A] Reviewed: 06/09/2023 Revised: 09/19/2023 Rescinds: 05/23/2022 Effective: 10/26/2023 6.4 Page 12 of 13  SHERIFF’S POLICY MANUAL 2. To minimize injuries to employees, inmates, and others, the use of civil disturbance control agents may also be needed in a BSO detention facility. Their use in a facility during a riot or disturbance may only be authorized by the Sheriff or designee. 3. No tactical advantage is gained by the indiscriminate use of civil disturbance control agents against non-combative persons. 4. Civil disturbance control agents will not be used until all other reasonable efforts to control the situation have failed. 5. Deputies will not discharge civil disturbance control agents directly into a person's eyes or continue to use them against an incapacitated person. 6. Deputies will not discharge civil disturbance control agents in the immediate area of infants since an infant's respiratory system is particularly sensitive to irritating vapors. 7. Civil disturbance control agents are not intended as substitutes for firearms if the use of firearms is more appropriate. 8. Civil disturbance control agents will be used only as objectively reasonable. 9. If a civil disturbance control agent is deployed, first aid will be administered as soon as practical. 10. An incident report and Supervisor’s Blueteam Use of Force Review will be completed if civil disturbance control agents are used, except in training situations. 11. Civil disturbance control agents issued by BSO are considered a less-lethal weapon, however, they are only authorized for on-duty use by employees who have been trained, at minimum biennially, in their use and only at the supervisor’s discretion. Reviewed: 06/09/2023 Revised: 09/19/2023 Rescinds: 05/23/2022 Effective: 10/26/2023 6.4 Page 13 of 13