Apopka Police Department Approved Less Lethal Weapons PDF

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 02-10-22 8482.00 New Subject APPROVED LESS LETHAL WEAPONS Reference Number ❑ Rescinds ❑ Amends 05-27-20 Reviewer/Approved by McKinley Webster F.S.S. 943.1717 Reevaluation As Necessary Application All Employees Related Forms / Bulletin...

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 02-10-22 8482.00 New Subject APPROVED LESS LETHAL WEAPONS Reference Number ❑ Rescinds ❑ Amends 05-27-20 Reviewer/Approved by McKinley Webster F.S.S. 943.1717 Reevaluation As Necessary Application All Employees Related Forms / Bulletins 2008.17-A Weapon Inspection Form 2008-17-B Munitions Inspection Form PURPOSE: The purpose of this directive is to ensure members have proper direction and understanding of the less lethal weapons authorized by the department and their proper use. DISCUSSION: It is the policy of the department to provide less lethal weapons as a defensive choice in the form of approved batons, chemical agents, impact projectiles, and physical protective tactics and allow the use of less lethal force to subdue resistance to any lawful arrest and defend against a physical attack. At a minimum, the officer must follow Florida Law and use only the force necessary to effect lawful objectives. POLICY / PROCEDURE: I. General Provision: A. All less lethal weapons carried by department personnel for official business and in an official capacity must be issued and/or approved by the police chief or his designee. B. On-Duty / Off-Duty Carry Approved Less Lethal Weapons Page 1 of 14 1. Members shall carry individually assigned and approved less lethal weapons (ASP, OC, Taser) on their person while on-duty and in uniform. Exceptions may be made when serving in a non-patrol assignment (detectives, administration), attending funerals, court appearances, investigations, or other instances where good judgment would dictate their exclusion. 2. Members may carry the approved less lethal weapons (ASP, OC, Taser) on their person while off-duty. 3. Any use will be in accordance with the General Use of Force policy and this directive. C. Supervisors shall make every effort to ensure a broad assortment of authorized, but shared, weapons be available to the squad. (I.e. at least one member would have a long gun, one with less lethal impact, one with pepper ball, etc., within a squad.) D. Less Lethal Impact Munitions are defined as any projectile designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the body. E. Weapons shall be secured and accounted for in accordance with applicable policy. F. The police chief reserves the discretion to authorize a weapon beyond those specifically sanctioned within this Procedural General Order when it is in the best interest of the city. Such weapons shall be inspected and the approval documented by the training officer. The member shall qualify with the weapon in accordance with department standards and no authorization shall be considered precedence. II. Policy Review: A. Prior to any sworn member being issued a less lethal weapon, he or she shall be trained on this Procedural General Order and be provided copies of such. B. Every calendar year thereafter, the training supervisor (or designee) shall review this General Order with each sworn member of the department and provide applicable legal updates. C. The appropriate documentation of such training will be included in the training files. III. Canine Teams: Approved Less Lethal Weapons Page 2 of 14 IV. A. The bite of a department service canine is considered less lethal force. B. Canine teams (K9) shall be governed by Procedural General Order 8660.00. Physical Restraints: A. Physical restraints may be used to subdue the resistance of a suspect who has verbally refused to comply with the lawful order of an officer in the performance of his or her duties. B. Physical restraints range from touching and using to lethal physical force. They include tools designed to temporarily restrain a subject’s movements, such as handcuffs. C. Subject Opposition: 1. Non-Violent Opposition: When the use of force is limited to restraint holds as a method of controlling and/or cooling a hostile situation, and where the force is not resisted by the subject(s) involved, the option to arrest remains with the officer. 2. Violent Opposition: In situations where the use of physical force surpasses controlling restraints and violent opposition is involved, the subject should be arrested for the violation of law which initiated the police action, and/or any other lawfully arrestable violation. Reporting on the use of force shall be submitted in accordance with this Procedural General Order. V. D. Handcuffs and Other restraints are outlined in PGO 8474.00. E. In-service training for weaponless control techniques shall occur at least biennially. Approved Less Lethal Weapons: Such weapons are designed to be used in a defensive posture within accepted principles of less lethal force to overcome violence or resistance to a lawful arrest. A. Chemical: 1. OC Handheld Spray (Oleoresin Capsicum) a. The chemical agent should be used before "hands on" techniques or the use of impact weapons when practical. b. The chemical agent may be utilized when verbal persuasive measures have failed and the officer is taking a person into custody Approved Less Lethal Weapons Page 3 of 14 who has passively resisted (or higher degree) the officer's arrest efforts. c. The chemical agent may be utilized against aggressive animals for the protection of the member and others in lieu of lethal force. d. It is not intended for use against subjects who have already been restrained, unless its use is likely to subdue the subject's violent actions which: 1. Are threats to the physical safety of themselves or others? 2. Will likely cause substantial destruction of property which cannot be prevented by any other reasonable means. e. Assignment / Authorized Use: 1. Individual members who have been trained in the use of OC Sprays (streams and foggers) shall be issued a spray canister and carrying case. 2. The decision to utilize this less lethal weapon lies with the individual member. 2. OC/CS Grenade (Oleoresin Capsicum/Orthochlorobenzal-Malononitrile): a. The chemical agent may be utilized when verbal persuasive measures have failed and the officer is required to escalate to physical force for crowd disbursement or to effect an arrest. b. The chemical agent may be used before entries into an area as a distraction. c. Assignment / Authorized Use: 1. Patrol Sergeants who have been trained in the deployment of, and individually issued, OC/CS Grenades. 2. Special Response Team Members (SRT Grenadiers) who have been trained in the deployment of, and individually issued, OC/CS Grenades. Approved Less Lethal Weapons Page 4 of 14 3. Emergency Response Team Members (ERT) who have been trained in the deployment of, and individually issued, OC/CS Grenades. 4. Other members of the department who have been trained in the deployment of the above chemical agents may be designated to deploy such munitions. 5. The decision to authorize the use of this less lethal weapon lies with the incident commander. 3. 40 mm CS Munitions (Orthochlorobenzal-Malononitrile): a. The chemical agent may be utilized when verbal persuasive measures have failed and the officer is required to escalate to physical force for crowd disbursement. b. The chemical agent may be used before entries into an area as a distraction or to effect an arrest. c. Assignment / Authorized Use: 1. Special Response Team Members (SRT Grenadiers) who have been trained in the deployment of, and individually issued, 40 mm CS munitions. 2. Other members of the department who have been trained in the deployment of the above chemical agents may be designated to deploy such munitions. 3. The decision to authorize the use of this less lethal weapon lies with the incident commander. 4. Pepper Ball Launcher: a. The use of Pepper Ball weapons are another alternative to less lethal force that may be used in circumstances to de-escalate a potentially dangerous situation with a reduced potential for death or serious physical injury to all persons involved. b. The use of Pepper Ball projectiles may be used when the subject or subjects are displaying active resistance to the officer(s) orders. The Approved Less Lethal Weapons Page 5 of 14 projectiles shall be deployed to areas of the suspect's body that are considered unlikely to cause death or serious physical injury. c. The use of Pepper Ball projectiles may be used for area saturation to disperse an unruly crowd or situation involving civil disorder. d. The use of Pepper Ball projectiles may be used to disperse an aggressive animal to protect themselves, other officers, or the public in the course of their duty as an alternative to lethal force. e. The use of Pepper Ball projectiles is not mandatory when the developing situation does not allow the necessary circumstances or time for the department member(s) to transition to the deployment of less lethal munitions. f. Should the Pepper Ball projectiles prove ineffective in de-escalating the situation and the incident develops into a deadly force situation the member may use the force necessary to gain compliance and protect themselves, other officers, or the public. g. Assignment / Authorized Use: 1. Members of the department who have been trained in the deployment of the above chemical agents may be designated to deploy such munitions. 2. The decision to authorize the use of this less lethal weapon lies with the incident commander. B. Impact Weapon: 1. Expandable Baton (ASP): a. The ASP is an intermediate weapon intended as a substitute for physical defensive tactics (i.e., punches, kicks, etc.) and used to gain compliance from a subject actively resisting an officer. b. ASPs are intended to overcome resistance quickly, minimizing the duration of the subject's resistance, thereby decreasing the potential for injury to the officer and to the subject resisting. Approved Less Lethal Weapons Page 6 of 14 c. Impact weapons should be utilized by officers to protect themselves or others from potential or actual bodily harm in the course of their assigned duties. d. Assignment / Authorized Use: 1. Individual members who have been trained in the use of the ASP impact weapon shall be issued an ASP and holster. 2. The decision to utilize this less lethal weapon lies with the individual member. 2. Bean Bag Round Munitions: a. They are considered an extended range baton (impact weapon). b. They are intermediate weapons intended as a substitute for physical defensive tactics (i.e., punches, kicks, etc.) on a subject actively resisting an officer. Less Lethal Impact Munitions provides Officers with a greater distance or safety zone when confronted by a suspect offering active resistance. c. They are intended to overcome resistance quickly, minimizing assault and exposure time, thereby decreasing the potential for injury to the officer and to the person resisting. d. They should be utilized by officers to protect themselves or others from potential or actual bodily harm in the course of their assigned duties. e. Assignment / Authorized Use: 1. Departmental members who desire to carry the weapon while on their tour of duty shall check the weapon out by signing the weapons log in the armory. a. 12 Gauge Shotgun i. It is the supervisor's responsibility to ensure that the weapon is properly signed for and the number of less lethal rounds are accounted Approved Less Lethal Weapons Page 7 of 14 for prior to, and upon the conclusion of, the member's tour of duty. ii. A clear and empty weapon shall be checked out by the officer and a clear and empty weapon shall be returned to the weapons room at the end of the officer's tour of duty. Munitions may be individually assigned to officers or checked out and returned at the end of the officer’s tour of duty. Officers are responsible for all the munitions in their possession. b. 40 mm Launcher i. It is the supervisor's responsibility to ensure that the weapon is properly signed for and the number of less lethal rounds are accounted for prior to, and upon the conclusion of, the member's tour of duty. ii. Any difference in the number of rounds shall be reported to the watch commander in writing with a copy forwarded to the chief, or his designee. 2. A sign out log shall be maintained in the weapons armory for documentation purposes. 3. The decision to utilize this less lethal weapon lies with the individual member. 3. Stinger (Rubber Ball): a. They are considered an extended range baton (impact weapon). b. They are intermediate weapons intended as a substitute for physical defensive tactics (i.e., punches, kicks, etc.) and on an actively resisting subject. Less Lethal Impact Munitions provides Officers with a Approved Less Lethal Weapons Page 8 of 14 greater distance or safety zone when confronted by a suspect offering active resistance. c. They are intended to overcome resistance quickly, minimizing assault and exposure time, thereby decreasing the potential for injury to the officer and to the person resisting. d. They should be utilized by officers to protect themselves or others from potential or actual bodily harm in the course of their assigned duties. e. Assignment / Authorized Use: 1. Departmental members who desire to carry the weapon while on their tour of duty shall check the weapon out by signing the weapons log in the armory. a. 12 Gauge Shotgun i. It is the supervisor's responsibility to ensure that the weapon is properly signed out by the officer. ii. A clear and empty weapon shall be checked out by the officer and a clear and empty weapon shall be returned to the weapons room at the end of the officer's tour of duty. Munitions may be individually assigned to officers. Officers are responsible for all munitions in their possession. b. 40 mm Launcher i. It is the supervisor's responsibility to ensure that the weapon is properly signed for and the number of less lethal rounds are accounted for prior to, and upon the conclusion of, the member's tour of duty. Approved Less Lethal Weapons Page 9 of 14 ii. Any difference in the number of rounds shall be reported to the watch commander in writing with a copy forwarded to the chief, or his designee. 2. A sign out log shall be maintained in the weapons armory for documentation purposes. 3. The decision to utilize this less lethal weapon lies with the individual member. 4. 40mm Baton (wood, rubber, and foam): a. Subject Resistance / Officer Response: 1. They are considered an extended range baton (impact weapon). 2. They are intermediate weapons intended as a substitute for physical defensive tactics (i.e., punches, kicks, etc.) and on an actively resisting subject. Less Lethal Impact Munitions provides Officers with a greater distance or safety zone when confronted by a suspect offering active resistance. 3. They are intended to overcome resistance quickly, minimizing the duration of the subject's resistance, thereby decreasing the potential for injury to the officer and to the person resisting. 4. They should be utilized by officers to protect themselves or others from potential or actual bodily harm in the course of their assigned duties. b. Assignment / Authorized Use: 1. Departmental members who desire to carry the weapon while on their tour of duty shall check the weapon out by signing the weapons log in the armory. 2. It is the supervisor's responsibility to ensure that the weapon is properly signed for and the number of less lethal rounds Approved Less Lethal Weapons Page 10 of 14 are accounted for prior to, and upon the conclusion of, the member's tour of duty. 3. Any difference in the number of rounds shall be reported to the watch commander in writing with a copy forwarded to the chief, or his designee. 4. A sign out log shall be maintained in the weapons armory for documentation purposes. 5. The decision to utilize this less lethal weapon lies with the individual member. C. Conducted Electrical Weapon: (TASER) 1. Level of Use: a. Use of a Taser provides officers a greater distance when confronted with a subject displaying active resistance. The Taser is an intermediate weapon that, when possible, should be used before "hands on" techniques to minimize possible injury to the subject or officer. b. The Taser may be used to gain control over a dangerous, violent, or suicidal person when deadly force does not appear to be justified or necessary; when attempts to control the person by other tactics have been, or will likely be, ineffective; or when there is reasonable expectation that it will be unsafe for officers to approach within physical contact range of the person. c. Unless deadly force is needed, the Taser should never be intentionally aimed at a person's head, neck or groin. d. The Taser shall not be fired near flammable liquids or fumes including, but not limited to, any subjects who may have been contaminated with combustible liquids. e. The decision to utilize this less lethal weapon lies with the individual member. 2. Uniform Placement: Approved Less Lethal Weapons Page 11 of 14 a. Only the department issued CEW holder is authorized for on-duty use and shall be worn on the uniform duty belt or on the outer vest carrier. The location of the holster may be determined by the individual officer, but must be carried cross-draw on the opposite side of the duty handgun D. Diversionary Devices: 1. Distraction Device: (Flash Bang) a. The device(s) may be utilized when verbal persuasive measures have failed and the officer is required to escalate to force necessary for crowd disbursement, or b. The device(s) may be used before entries into an area as a distraction, or to effect an arrest. c. Assignment / Authorized Use: 1. Special Response Team Members (SRT Grenadiers) who have been trained in the deployment of, and individually issued, diversionary device(s). 2. Other members of the department who have been trained in the deployment of the above device may be designated to deploy such device. 3. The decision to authorize the use of this less lethal weapon lies with a captain or higher in rank. 2. Aerial Diversion Device: a. These devices may be utilized when verbal persuasive measures have failed and the officer is required to escalate to force necessary for crowd disbursement. b. The chemical agent may be used before entries into an area as a distraction, or to effect an arrest. c. Assignment / Authorized Use: Approved Less Lethal Weapons Page 12 of 14 d. Special Response Team Members (SRT Grenadiers) who have been trained in the deployment of, and individually issued, aerial diversionary devices. e. Other members of the department who have been trained in the deployment of the above device may be designated to deploy such device. f. The decision to authorize the use of this less lethal weapon lies with a captain or higher in rank. 3. Smoke: a. The device may be utilized when verbal persuasive measures have failed. b. The device may be used before entries into an area as a distraction. c. Assignment / Authorized Use: 1. Special Response Team Members (SRT Grenadiers) who have been trained in the deployment of, and individually issued, the device. 2. Other members of the department who have been trained in the deployment of the above device may be designated to deploy such device. 3. The decision to authorize the use of this device lies with a captain or higher in rank. VI. Training: A. Members shall not be issued, carry, or utilize any less lethal weapon until they have attended a department approved block of training and proven proficiency. Such training and proficiency shall be properly documented. B. Members who are assigned diversionary devices, chemical weapons, or impact weapons shall attend refresher training biennially. C. Members assigned Electronic Control Weapons shall attend refresher training annually in accordance with state law. VII. Audit / Inspection: Approved Less Lethal Weapons Page 13 of 14 A. Devices identified within this policy shall be inspected by the training supervisor, or his designee, annually. B. Devices, canisters, cartridges, etc. shall be checked for: 1. Missing and undocumented rounds 2. Damage/usefulness 3. Expiration dates C. The training supervisor shall keep a record of approved devices. D. This audit shall include at a minimum, current inventory, usage during law enforcement activities, through training, loss, and/or disposal. By Order of: Michael McKinley, Police Chief Approved Less Lethal Weapons Page 14 of 14