DM 05.03 - Less-Lethal Devices, Techniques, and Weapons.pdf

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 05.03 LESS-LETHAL DEVICES, TECHNIQUES, AND WEAPONS Approved By: Art Acevedo, Interim Chief of Police Effective: Aug-18-2023 Revised: Aug-18-2023 Associated Policy: DM 05.01, 05.02, 05.06 References: C.R.S. § 18-1-707, 24-31-905 Review Authority: Professiona...

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 05.03 LESS-LETHAL DEVICES, TECHNIQUES, AND WEAPONS Approved By: Art Acevedo, Interim Chief of Police Effective: Aug-18-2023 Revised: Aug-18-2023 Associated Policy: DM 05.01, 05.02, 05.06 References: C.R.S. § 18-1-707, 24-31-905 Review Authority: Professional Standards and Training Division Chief and APD Legal Advisor(s) 5.3.01 PURPOSE The purpose of this directive is to provide sworn members of the Aurora Police Department (APD) with clear and direct guidelines to follow when making the decision whether to use less-lethal devices, techniques, and weapons. The availability and use of less-lethal devices, techniques, and weapons covered in this policy are not intended to replace tactics or training that can be utilized to de-escalate a situation and avoid the use of force. 5.3.02 SCOPE This directive applies to all sworn members of APD. 5.3.03 DEFINITIONS Definitions from the following directives apply to this directive: - DM 05.01 - Use of Force - DM 05.02 - Use of Force Model Less-Lethal Techniques: Departmentally approved techniques that, when properly used, have less potential for causing death than with the use of a firearm. Less-lethal techniques are intended to be used to gain control or temporarily incapacitate a subject to take that subject into custody safely. Less-Lethal Devices and Weapons: Departmentally approved devices and weapons that, when properly used, have less potential for causing death than with the use of a firearm. Less-lethal devices and weapons are intended to achieve temporary incapacitation and/or to aid in gaining control of a subject to safely effect an arrest or place the subject into protective custody. 5.3.04 POLICY All policies and core principles from DM 05.01 - Use of Force and DM 05.02 - Use of Force Model apply to this directive. APD recognizes that non-compliant, combative, violent, and/or armed subjects can create a substantial danger to sworn members and the public. The use of less-lethal devices, techniques, and weapons contributes greatly to reducing the need for sworn members to use lethal force. The decision to use less-lethal devices, techniques, and weapons requires continual assessment of the situation. When sworn members are confronted with a decision to use less-lethal devices, techniques, and Page 1 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons Revised: Aug-18-2023 weapons, they shall use the minimal amount of force that is objectively reasonable to overcome the level of resistance or threat encountered and control the situation. The use of less-lethal devices, techniques, and weapons must conform to APD’s training and policies. Sworn members shall not use any weapon without proper training, certification, and prior departmental authorization; unless an immediate threat exists, and the sworn member reasonably believes that death or serious bodily injury will occur unless they use the weapon. Sworn members shall be trained, certified, and carry a CEW, OC spray, or both when they are wearing their full-duty uniform. Sworn members shall have a straight wood baton or Rapid Containment Baton (RCB) when responding to calls for service or engaging in self-initiated investigatory contacts. 5.3.05 TRAINING AND PROFICIENCY REQUIREMENTS All sworn members shall be trained in the lawful application of force and demonstrate proficiency with all department-authorized less-lethal devices, techniques, and weapons they are issued before use is authorized. The Training Section shall maintain a record of the training curriculum, certifications of members who have satisfactorily demonstrated proficiency, and all applicable POST requirements for department-authorized less-lethal devices, techniques, and weapons. Sworn members shall ensure all tools are in working order and properly maintained. Supervisors are required to inspect their subordinate’s equipment in compliance with APD Directive DM 02.04 - Line and Staff Inspections. 5.3.06 AUTHORIZED USES OF LESS-LETHAL DEVICES, TECHNIQUES, AND WEAPONS Members are permitted to draw, display, or use their less-lethal devices, techniques, or weapons when there are grounds to believe their use would be objectively reasonable based on the totality of the circumstances. Any time a sworn member uses a less-lethal device or weapon on a subject in handcuffs, their actions and decision-making will be subjected to a stringent review. 5.3.07 LEVELS OF FORCE USED BY A SWORN MEMBER Sworn members who use force shall do so in an objectively reasonable manner with the intent of controlling the subject and the situation using the minimum amount of force required to accomplish a lawful objective. The following are broad categories of influence and force used by sworn members in escalating stages. The levels of force include: Control: Attempts to influence a subject’s behavior or actions taken to restrain a subject safely without the need to overcome resistance. The escorting or handcuffing of a person who is compliant does not constitute a use of force. Low-Level Force: Actions taken to control a subject that are neither likely nor intended to cause injury. Intermediate Force: Actions taken to control a subject that is likely to cause pain, injury, or serious bodily injury to the subject. Lethal Force: Actions taken in which the likely outcome is death, regardless of whether death occurs. Page 2 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons 5.3.08 Revised: Aug-18-2023 EMPTY HAND TECHNIQUES Levels of Force: - Control: The use of physical control techniques (e.g., twist-locks, rear-wristlocks, etc.), without the need to cause pain, cause injury, or overcome resistance, to control a compliant subject (e.g., handcuffing, searching, escort controls, etc.). - Low-Level Empty Hand Techniques: Intentionally applying pain, leverage, or injuring force to control a subject who is resisting. - Intermediate Empty Hand Techniques: Using combative techniques, such as strikes, kicks, punches, etc., to control a subject. - Lethal Empty Hand Techniques: Using any empty-hand technique with the intent to cause the death of a subject. Medical Attention: - See APD Directive DM 05.01 Use of Force, section 5.1.09 Duty to Provide Medical Assistance for further information. Requirements for Proficiency: 5.3.09 - Initial APD Academy Requirements - Per Department In-Service Training Requirements HANDCUFFS Approved Use for Handcuffs: - During investigatory detentions (Terry Stops – see APD Directive DM 08.52 – Constitutional Policing section 8.52.06) the use of handcuffs is permitted. - Probable cause exists to arrest a subject for a crime. - If probable cause exists to place the subject on an Emergency Mental Health Hold (see APD Directives DM 06.13 - Dealing with Persons with Mental Health Disorders and DM 08.52 - Constitutional Policing section 8.52.12). - Subject being transported to detoxification facilities. - Moving subjects who are in custody. - During a search warrant service, as is objectively reasonable to safely execute the warrant. Additional Considerations: - If medical circumstances make it unreasonable to handcuff a subject, sworn members shall refrain from handcuffing. Subjects shall be handcuffed behind their back unless impractical or impossible due to body characteristics, handicap, or other compelling reasons. Page 3 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons Revised: Aug-18-2023 - Subjects who are handcuffed in the prone position shall be placed in recovery or seated position once safe to do so. Sworn members shall not apply prolonged body weight pressure on a non-resisting prone handcuffed subject’s upper thoracic region. - When responding to a location where security has placed a subject in handcuffs prior to the sworn member’s arrival, the sworn member shall not place APD handcuffs on the subject until the sworn member has reasonable suspicion or probable cause based on their independent investigation. - Sworn members are not required to handcuff persons while providing voluntary transport. However, if the sworn member agrees to give a subject voluntary transport, the subject must consent to a pat-down for weapons to receive voluntary transport. If an articulable reason exists for the sworn member to place the subject in handcuffs with the subject’s consent, the sworn member shall ask something to the effect of “Do you consent to me placing you in handcuffs for voluntary transport?” Sworn members are not required to provide voluntary transport. The decision to provide voluntary transport is left up to the sworn member’s discretion. - When a sworn member places a subject in handcuffs, they shall visually and physically inspect the handcuffs for proper fit and ensure the handcuffs and double locked. - When a handcuffed subject first complains that handcuffs are too tight, the sworn member having custody of the subject shall, as soon as reasonably possible, visually, and physically inspect the handcuffs for proper fit. If they are too tight (per training), the sworn member shall make the necessary adjustments to ensure proper fit and double lock. - Hinged handcuffs are prohibited. Medical Attention: - See APD Directive DM 05.01 Use of Force, section 5.1.09 Duty to Provide Medical Assistance for further information. Requirements for Proficiency: 5.3.10 - Initial APD Academy Requirements - Per Department In-Service Training Requirements IMPACT WEAPONS Impact weapons are used to control a subject by striking them for the purpose of achieving temporary incapacitation of a subject in order to safety effect an arrest. Levels of Force: - Control: Verbal warnings regarding an impact weapon. - Low-Level Impact Weapon Use: Using an impact weapon as a control device or leveraging tool (e.g., to remove the hands of a subject from underneath their body). - Intermediate Impact Weapon Use: Using an impact weapon to jab or strike a subject. - Impact Weapon as Lethal Force: When using an impact weapon to intentionally strike a subject on the head, neck, throat, heart, or spine is lethal force. Page 4 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons Revised: Aug-18-2023 Additional Considerations: - During non-lethal force incidents, sworn members shall not intentionally target the head, neck, throat, heart, kidneys, spine, groin, and knee joints. - Adding additional weight, foreign objects, or other modifications is PROHIBITED. - The glass-breaking tip on the Rapid Containment Baton (RCB) is PROHIBITED. Medical Attention: - Aurora Fire Rescue (AFR) shall be summoned for any impact weapon strikes regardless of visible injury or complaint of injury. - See APD Directive DM 05.01 Use of Force, section 5.1.09 Duty to Provide Medical Assistance for further information. Requirements for Proficiency: 5.3.11 - Initial APD Academy Requirements - Per Department In-Service Training Requirements OLEORESIN CAPSICUM (OC) SPRAY OC spray is a non-lethal agent which causes temporary inflammation or irritation to a body surface, including eyes, respiratory tract, skin, or mucous membranes, upon contact. Level of Force: - Control: Verbal warnings and/or pointing of OC spray. - Intermediate Impact Weapon Use: Any use of OC spray against a subject. Restricted Use: - OC spray should not be used on a subject inside of a patrol vehicle unless the subject is exhibiting assaultive or life-threatening behavior. - Sworn members shall only use OC on a driver in extenuating circumstances with consideration is given to the driver’s ability to drive away. Additional Considerations: - Once a year, during in-service or a qualification, Training Section staff shall inspect each member’s canister for the date of manufacture. Four years after the date of manufacture, sworn members are instructed to empty the contents of their current canister and be issued a replacement cannister. The Quartermaster shall designate a location for the disposal of the canister’s contents and the canister. Medical Attention: - When safe and practical, sworn members shall move the subject who has been sprayed with OC to a fresh air environment while waiting for AFR to respond. Page 5 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons Revised: Aug-18-2023 - Sworn members shall request AFR respond to complete a medical evaluation and decontamination on any subject exposed to OC spray. - See APD Directive DM 05.01 Use of Force, section 5.1.09 Duty to Provide Medical Assistance for further information. Requirements for Proficiency: 5.3.12 - Initial APD Academy Requirements - Annual Recertification CONDUCTED ENERGY WEAPON (CEW) / TASER A CEW is a device designed to disrupt a person’s central nervous system by deploying battery-powered electrical energy sufficient to cause pain, uncontrolled muscle contractions, and override voluntary motor responses. Levels of Force: - - Control: Verbal warnings and/or pointing a CEW. - Laser Display: When the CEW is pointed at a subject in the armed position, the laser(s) will display on the subject’s body. This can serve as a visual warning to the subject that a CEW could be used on them. Pointing the CEW at a subject. - Arc Warning: With the safety in the armed position, pressing and holding the Arc switch displays a visual Warning Arc of electricity across the front of the CEW. This display of electricity is combined with an auditory warning of electricity being discharged from the CEW. The auditory and visual warning demonstrates the CEW’s ability to discharge electricity and may deter a subject without having to deploy the CEW against the subject’s body. Intermediate Force: - Probe Deployment: The primary function of the CEW is the probes from within the cartridge being deployed at the subject. The intent is to temporarily immobilize the subject through neuromuscular incapacitation. - Drive Stun: A pain-compliance application of the CEW, with or without the use of a cartridge, by making direct contact with the subject’s body. The use of a drive stun application is limited and should be used to complete neuro-muscular incapacitation by closing a circuit when probes have already been deployed, or probe deployments are not successful. If a sworn member uses the drive stun without probe deployment, they shall articulate their justification for using this technique. Additional Considerations: - Only department-issued CEWs (Axon Enterprise, Inc. TASER) and department-issued holsters are authorized for use on duty. - Sworn members shall have a current agency certification to carry a CEW on duty. - Sworn members shall communicate with each other and issue a warning to other sworn members and the subject that they are about to use a CEW by stating a warning like “TASER, TASER, TASER” unless doing Page 6 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons Revised: Aug-18-2023 so would unduly place sworn members at risk of injury or would create a risk of death or injury to other persons. This is particularly important in preventing sympathetic fire responses from other sworn members. - Sworn members shall communicate with each other and issue a warning to other sworn members and the subject that they are about to use an Arc Warning by stating a warning like “ARC WARNING” unless doing so would unduly place sworn members at risk of injury or would create a risk of death or injury to other persons. This is particularly important in preventing sympathetic fire responses from other sworn members. - Sworn members shall conduct a spark test at the beginning of the shift to ensure the CEW is functioning properly. - The CEW can be worn on either side of the body. A CEW worn on the same side of the body as a member’s primary duty firearm must be oriented for a non-dominant hand cross draw. A CEW worn on the opposite side of the body from the primary duty firearm can be oriented for a dominant hand cross draw or nondominant hand same side draw. After drawing the CEW, members may transition the CEW from the hand used to draw the CEW to the opposite hand. - When deploying a CEW on a subject, sworn members shall: - Use the standard CEW five-second cycle and then evaluate the need to apply another five-second cycle after providing the subject with an opportunity to comply. The sworn member can stop the cycle before five seconds. Using a CEW by probe deployment or drive stun, each five-second cycle of the CEW requires independent articulable justification. - Begin restraint procedures, including cuffing under power, as soon as reasonably safe to minimize the total duration of CEW exposure(s). - Except in extraordinary circumstances, members should not activate a CEW against a person more than three times or longer than 15 seconds, either in one cycle or cumulative over several applications. If the CEW is ineffective against the subject sworn members should consider transitioning to another use of force option. - Back shots are the preferred target area if available (below the neck and down). - When deploying the CEW on the front of a subject, the preferred target area is below the chest and down. Sworn members shall not intentionally target the head, neck, groin, or chest. - Sworn members may remove the probe(s) if required per training protocol. The probe(s) shall be treated as a biohazard needle and disposed of in an appropriate sharps container per standard medical protocol. Restricted Use: - Due to sympathetic fire responses, a sworn member should not deploy a CEW and a firearm at the same time. If a sworn member chooses to deploy a CEW and firearm their actions and decision-making will be subjected to a stringent review. - The CEW shall be handled in the same manner as a firearm and shall be secured before entering any detention facility. - The CEW shall not be used: Page 7 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons Revised: Aug-18-2023 - On a handcuffed person unless they are armed with a weapon or engaging in assaultive or lifethreatening behavior. - When the sworn member knows a subject has come in contact with flammable liquids or substances. - Near flammable liquid (e.g., gas pumps, flammable liquid on the floor, etc.). Medical Attention: - - Aurora Fire Rescue (AFR) shall be summoned for the following: - Any CEW probe deployment, where the probes puncture the skin of a subject or when a CEW deployment results in Neuro Muscular Incapacitation (NMI) of the subject, requires that AFR personnel be summoned to complete a medical evaluation of the subject. - Subjects exposed to a single application that exceeds fifteen (15) seconds or multiple applications with an accumulative time exceeding fifteen (15) seconds shall be transported to a hospital emergency department (ED) for evaluation by hospital staff. See APD Directive DM 05.01 Use of Force, section 5.1.09 Duty to Provide Medical Assistance for further information. Axon Enterprise, Inc. | TASER 7 Specific Policy: TASER 7 cartridges shall be loaded in the following order: - Cartridge bay # 1 will be loaded with a close quarter (CQ) 12-degree cartridge. - Cartridge bay # 2 will be loaded with a standoff (SO) 3.5-degree cartridge. Requirements for Proficiency: 5.3.13 - Initial APD Academy Requirements - Annual Recertification KINETIC ENERGY IMPACT PROJECTILE LAUNCHER & LESS -LETHAL SHOTGUN Impact munitions are considered an intermediate force tool where time and distance are imperative to officer safety. The intent of launcher-based kinetic energy impact projectiles is to achieve temporary incapacitation of a subject in order to safety effect an arrest. Each discharge of a launcher-based kinetic energy impact projectile requires independent articulable justification. Levels of Force: - Control: Verbal warnings and/or pointing a launcher-based kinetic energy impact weapons. - Intermediate Force: Discharging a 40 mm launcher-based kinetic energy impact projectile or less-lethal 12-gauge shotgun at a subject. - Lethal Force: Discharging a 40 mm launcher-based kinetic energy impact projectile or less-lethal 12-gauge shotgun to intentionally strike a subject on the head, neck, or throat is lethal force. Page 8 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons Revised: Aug-18-2023 Approved Use for Projectile Weapons: - Sworn members shall have a current agency certification to carry a kinetic energy impact projectile launcher or less-lethal 12-gauge shotgun on duty. - Sworn members are cautioned that the target area for launcher-based kinetic energy impact projectile and less-lethal 12-gauge shotgun munitions substantially differ from a lethal force target area. The primary target areas for projectile weapons are the abdomen and lower extremities focusing on the large muscle groups. The head, neck, throat, heart, kidneys, spine, groin, and joints of the body shall be avoided. - Kinetic energy impact projectile launchers and less-lethal 12-gauge shotguns may be used against persons who are holding a weapon if it can be utilized to intervene and, in an effort, to decrease a potential lethal force situation; however, the following conditions must be met: - A minimum of two sworn members should be present, one sworn member acting as lethal coverage. - Prior to use, sworn members shall consider the use of available cover/concealment when practical and; - Communication between sworn members prior to discharging the impact munition shall occur when safe and practical. Additional Considerations: - When practical, sworn members shall communicate with each other and issue a warning to other sworn members and the subject that they are about to use a launcher-based kinetic energy impact projectile or less-lethal 12-gauge shotgun by stating a warning like “IMPACT” unless doing so would unduly place sworn members at risk of injury or would create a risk of death or injury to other persons. This is particularly important in preventing sympathetic fire responses from other sworn members. - Sworn members shall have a current agency certification to carry a kinetic energy impact projectile launcher and/or less-lethal 12-gauge shotgun on duty. Medical Attention: - AFR shall be requested when any launcher-based kinetic energy impact projectile strikes a subject. - AFR shall complete a medical evaluation and determine if the subject needs to be transported to a hospital ED for further treatment. - See APD Directive DM 05.01 Use of Force, section 5.1.09 Duty to Provide Medical Assistance for further information. Requirements for Proficiency: - Initial APD Certification Course - Annual Recertification Page 9 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons 5.3.14 Revised: Aug-18-2023 CHEMICAL IRRITANTS/MUNITIONS (CN/CS/OC VAPOR) Levels of Force: - Control: Verbal warnings. - Intermediate Impact Weapon Use: Any use of chemical irritants/munitions against a subject. The deployment of these irritants/munitions can be defensive and offensive. The use of chemical irritants/munitions on an offensive basis will be approved by a SWAT/ERT sergeant or any commanding officer. Special chemical irritants/munitions (beyond standard issued OC spray) will be deployed by SWAT/ERT gas technicians when practical. Chemical irritants may be used without prior authorization when a defensive need arises. Whenever a chemical irritant/munition is used, the duty executive should be advised as soon as practical. Members, especially supervisors, should evaluate the use of chemical irritants/munitions for potential consequences prior to use on an offensive basis. Some chemical irritants/munitions can severely affect person with respiratory conditions, children, and the elderly. Some chemical munitions also have extreme fire potential. In response to a protest or demonstration, and in compliance with C.R.S. § 24-31-905, sworn members shall not use chemical agents or irritants, including pepper spray and tear gas, prior to issuing an order to disperse in a sufficient manner to ensure the order is heard and repeated, if necessary, followed by sufficient time and space to allow compliance with the order. Requirements for Proficiency: 5.3.15 Initial APD Certification Course WRAP RESTRAINT The WRAP Restraint is a device that immobilizes the subject’s body and restricts their ability to kick or do harm to themselves and others. Approved Use of Auxiliary Restraint Systems: - WRAP Restraints may be used to secure a subject who is combative, violent, and/or dangerous or when the sworn member reasonably believes the subject to be an escape risk. WRAP Restraint Transport Protocol: 1. Sworn members shall ensure the subject is in a departmentally approved position as soon as practical, continue to monitor for medical issues, provide first aid if necessary, and update AFR if there is any change in medical status while they wait for medical personnel to arrive. 2. Sworn members shall contact a supervisor and request that AFR responds along with the current contracted ambulance company for an incident involving the WRAP Restraint as soon as practical. Page 10 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons Revised: Aug-18-2023 3. Sworn members will stand by while AFR medical personnel assess the subject's medical condition based on their protocols to determine what interventions are required. Sworn members and supervisors shall not influence medical decisions made by AFR. 4. AFR medical personnel will determine, based on their protocols, whether the subject should be taken to the local hospital emergency department (ED) for further treatment and evaluation. 5. If AFR medical personnel determine transport to the ED is required, the subject shall be transported consistent with AFR’s and the contract ambulance company’s procedure and practice for transporting detained individuals to the ED.  If the subject receives any sedative or narcotic medication at the ED, APD personnel shall request the contract ambulance company to transport the subject from the ED to the Aurora Detention Center. 6. If AFR medical personnel determine transport to the ED is not needed; a. AFR will release the subject to APD and not have any further role unless requested. b. An APD sworn member shall coordinate the transfer of the subject to the pram with the ambulance company. This may include transitioning to a four-point medical restraint on the pram. The subject shall be secured to the pram in the supine or sitting upright position. Subjects shall not be transported in a prone position. c. The ambulance company shall transport them directly to the Aurora Detention Center. A sworn member shall ride in the ambulance with the subject. d. The ambulance personnel shall continue to evaluate the subject during the transport. Ambulance personnel have the autonomy to decide at any time to divert to the ED for medical reasons or request AFR for additional support. e. The ambulance will use the sally port at the Aurora Detention Center, and the ambulance personnel shall remove the pram from the ambulance. Removal of the subject from the pram is the responsibility of the sworn members. Coordination of the role of contract ambulance employees and detention staff, if any, during the removal of the subject from the pram should be planned on scene and determined prior to the start of the process. Medical Attention: - AFR shall be requested when any WRAP Restraint is used. - AFR shall complete a medical evaluation and determine if the subject needs to be transported to a hospital ED for further treatment. - See APD Directive DM 05.01 Use of Force, section 5.1.09 Duty to Provide Medical Assistance for further information. Requirements for Continued Proficiency: - Initial APD Academy Requirements - Annual Training Page 11 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons 5.3.16 Revised: Aug-18-2023 BOLAWRAP Levels of Force: - Control: Verbal warnings or pointing a BolaWrap. - Low-Level BolaWrap Use: Using a BolaWrap against a subject. BolaWrap is a hand-held, remote restraint device that discharges an eight-foot Kevlar cord to entangle an individual at a range of 10-25 feet. The BolaWrap is equipped with entangling barbs at each end of the Kevlar cord. Only a department approved BolaWrap device that has been issued by the department shall be utilized by personnel who are trained in its deployment and use. The BolaWrap device has limitations and restrictions requiring consideration before its use. The device should only be used when its operator can safely approach the subject within the operational range of the device. Although the BolaWrap device is generally effective in controlling most individuals, sworn members should be aware that the device may not achieve the intended results and be prepared with other follow-on options. Sworn members shall communicate with each other and issue a warning to other sworn members and the subject that they are about to deploy a BolaWrap by stating a warning like “BOLA, BOLA, BOLA” unless doing so would unduly place sworn members at risk of injury or would create a risk of death or injury to other persons. This is particularly important in preventing sympathetic fire responses from other sworn members. The BolaWrap device may be used in any of the following circumstances: - When the totality of circumstances perceived by the sworn member at the time indicate that such application is objectively reasonable to control a subject: - Exhibiting life threatening, assaultive, actively resisting, or passive behavior. - Who has demonstrated, by words or actions, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm sworn members, themselves or others. Simultaneous applications of the BolaWrap on a single individual by multiple devices is allowed in authorized target areas. Reasonable efforts should be made to target lower extremities or lower arms. The head, neck, chest and groin shall be avoided. If the dynamics of a situation or officer safety do not permit the sworn member to limit the application of the BolaWrap device to a precise target area, sworn members shall monitor the condition of the subject if it strikes the head, neck, chest or groin until the subject is examined by AFR and/or emergency medical services. The aiming laser should never be intentionally directed into the eyes of another as it may permanently impair his/her vision. Actions following deployments: 1. Sworn member shall request a supervisor to the scene after deployment. 2. Sworn members shall ensure all restrained subjects receive appropriate emergency medical care for individuals under police care or control. Page 12 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons Revised: Aug-18-2023 3. If the hooks penetrate only a subject’s clothing, then the sworn member may remove the hooks. The sworn member may cut the Kevlar cord with medical shears or a hook style seatbelt cutter. 4. The Kevlar cord shall be cut prior to any transportation. Medical Attention: - See APD Directive DM 05.01 Use of Force, section 5.1.09 Duty to Provide Medical Assistance for further information. Requirements for Continued Proficiency: 5.3.17 Initial APD Certification Course POLICE CANINE Levels of Force: - Control: Verbal warnings. - Low-Level Canine Use of Force: Using a police canine on Leash (no bites) is a low-level force. - Intermediate Canine Use of Force: When a police canine bites a subject is intermediate force. Canines may be requested on but are not limited to the following crimes: - Felony Crimes - Burglary, not including trespass when articulable officer safety or public safety concerns exist. - Robbery, not including thefts that are accompanied by low-level assaults. - Homicide - Serious Assault - Menacing with a Deadly Weapon - Kidnapping - Arson with the threat of harm to people. - Domestic Violence Felony Crimes - Sexual Assault - Drive-by shooting, not including unlawful discharge of a firearm. - Search warrants where safety concerns exist with an officer entering first. Page 13 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons - - Revised: Aug-18-2023 Misdemeanor Crimes - Domestic Violence Assault - Domestic violence court order violations requiring a mandatory arrest shall involve the subject’s physical presence at the victim’s location or a threat of harm. Other - For all other crimes where the subject is reasonably believed to be armed or there is a threat of harm to the public. - Police canines may be used to track missing persons or suspects believed to be in a reasonably sized area and require the approval of the K9 Sergeant or OSS Lieutenant. Additional Considerations: - When practical, APD canine handlers shall communicate to the subject(s) and other sworn members that the canine is going to be released to bite is unless doing so would place sworn members or canine at risk of injury or death or would create a risk of death or injury to other persons. - Anytime a police canine bites and breaks the skin on a subject, AFR EMS shall be called and determine the extent of medical treatment needed/required. - Police canines must be under the control of a certified sworn member. Each team (handler and canine) shall be certified through the Colorado Police Canine Association (CPCA), Utah POST, or a certification designated by the K9 Unit supervisor. - K9 Handlers are responsible for determining whether a situation justifies the use of a canine and the appropriate tactical measures which should be utilized. Determination shall be based on accepted standards, certifications, and formal training. K9 Handlers should take into consideration if a police canine is the most appropriate tool or if other options would be more reasonable or appropriate. - When the on-scene supervisor disagrees with the handler’s tactical assessment, the K9 Sergeant or OSS Lieutenant may be notified. Where time does not permit notification of the K9 Sergeant or Operation Support Section (OSS) Lieutenant, the decision to deploy the canine shall rest with the handler on the scene. - K9 teams shall not be used for crowd control at peaceful demonstrations. In rare and extraordinary circumstances, K9 teams may be present in crowd control situations. Their presence shall remain limited to out of sight and only used for bomb detection, the pursuit of suspects in buildings, or specific violent crimes during a riot or civil disturbance. Also, upon supervisor approval, the canine may be used to protect against serious bodily injury or death that cannot be safely controlled by other means. In these situations, the canine shall: - Always be maintained under leash control unless no other means are reasonably available to protect an individual from serious bodily injury or death. - Restrict their defensive actions to the protection of officers or others. Page 14 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons Revised: Aug-18-2023 Medical Attention: - AFR shall be requested when a canine bites a subject. - AFR shall complete a medical evaluation and determine if the subject needs to be transported to a hospital ED for further treatment. - See APD Directive DM 05.01 Use of Force, section 5.1.09 Duty to Provide Medical Assistance for further information. Requirements for Continued Proficiency: 5.3.18 - Initial APD Academy Requirements - Annual Recertification PROCEDURES FOR APPROVING LESS-LETHAL DEVICES, TECHNIQUES, AND WEAPONS Sworn members may suggest specific weapons for consideration by the department for authorization. The recommendation shall be in writing and directed to the Training Section commanding officer. When available, a sample of the suggested weapon shall be provided to the Training Section commanding officer for inspection. The Training Section commanding officer shall ensure the weapon is inspected and tested by appropriate Training Section personnel. The Training Section commanding officer shall prepare a response for the appropriate Division Chief, with a copy of the response sent to the suggesting member. The appropriate Division Chief may disapprove of the request or present the request to command staff for consideration. The appropriate Division Chief shall notify the suggesting member of the action taken regarding the request. Based on the conclusions of the command staff, the recommendation with the approval or disapproval of the Chief of Police or designee shall be returned to the Training Section commanding officer. The Training Section commanding officer shall notify the member of the final disposition of the request. If the weapon is approved, the Training Section commanding officer shall ensure the weapon is included on the Training Section Authorized Weapons Master List. 5.3.19 PERSONALLY OWNED LESS-LETHAL DEVICES AND WEAPONS At their own expense, a trained and proficient member may elect to purchase certain approved devices or weapons other than one issued by the department as long as the device or weapon meets the specifications defined by the Training Section Authorized Weapons Master List. Prior to carrying the device or weapon on duty, the member shall present it to the Training Section for inspection to ensure it meets specifications. Prior to carrying any device or weapon for use on duty, the member must be trained and demonstrate proficiency in its use. 5.3.20 UNAUTHORIZED LESS-LETHAL DEVICES, TECHNIQUES, AND WEAPONS Members are not authorized to wear, carry, or use saps, sap gloves, blackjacks, or other less-lethal weapons not authorized by the department. Page 15 of 16 DM 05.03 - Less-Lethal Devices, Techniques, and Weapons 5.3.21 Revised: Aug-18-2023 UNINTENTIONAL DISCHARGE OF A LESS LETHAL WEAPON Sworn members are responsible for maintaining control of their less-lethal weapons. Members who unintentionally discharge a less-lethal weapon must report that discharge to their supervisor, another member in their chain of command, or the watch commander as soon as practical. Members initiating or assigned an initial inquiry shall make the appropriate entry into the administrative management system unless such entry has already been made. The member conducting the initial inquiry shall gather the facts and information concerning the unintentional discharge of a less-lethal weapon. Once the initial inquiry is completed, the member who conducted the inquiry shall route the case through the chain of command to the appropriate Commander. The initial inquiry shall then be assigned to the appropriate member by the Commander for a "Preliminary Investigation." Once the preliminary investigation is completed, the member who conducted the investigation shall route the preliminary investigation through the chain of command to the appropriate Commander. The Commander who receives a completed preliminary investigation shall review the case and take appropriate action. Unintentional discharges of a less-lethal weapon that constitutes a use of force against another person shall be reported in accordance with Directive DM 05.06 - Reporting and Investigating the Use of Tools, Weapons, and Physical Force and be investigated as outlined in that directive. 5.3.22 INSPECTION AND INVENTORY Every district, bureau, section, or unit shall be responsible for inventory control and annual inspection by the department armorer of all departmental weapons issued to that district, bureau, or section. Page 16 of 16