LESS LETHAL WEAPONS.pdf

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 01.320 LESS-LETHAL WEAPONS Revised: August 5, 2019 I. PURPOSE: The purpose of this departmental standards directive is to provide guidance and direction for the use of less-lethal weapons and impact munitions. II. POLICY: I...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 01.320 LESS-LETHAL WEAPONS Revised: August 5, 2019 I. PURPOSE: The purpose of this departmental standards directive is to provide guidance and direction for the use of less-lethal weapons and impact munitions. II. POLICY: It is the policy of this Department to value and preserve human life. Employees shall use less-lethal weapons in an objectively reasonable manner to effectively bring an incident under control, while protecting the safety of employees and others. III. DEFINITIONS: Active Physical Resistance: Physically evasive movements by a subject to defeat an LEO's attempt at control. These movements may include bracing, tensing, pushing, pulling, or fleeing. Aggressive Physical Resistance: Hostile, attacking movements by a subject that may cause injury to an LEO or another person. ASP: Refers to a friction lock, telescopic baton manufactured by Armament Systems and Procedures, Inc. The ASP is an impact weapon. Impact Munition: A projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body. An impact munition is considered an impact weapon. Imminent Danger: Conditions or circumstances that exist that pose a danger which could reasonably be expected to cause harm immediately or before such danger can be eliminated. Less-Lethal Launcher: A 40mm less-lethal launcher which is used primarily for the delivery of chemical munitions and impact rounds. Objectively Reasonable: The determination that the necessity for using force and the level of force used is based upon the officer’s evaluation of the situation in light of the totality of the circumstances known to the officer at the time the force is used and upon what a reasonably prudent officer would use under the same or similar situations. The reasonableness of any use of force will be judged from the perspective of a reasonable LEO without the benefit of hindsight. Effective: December 16, 2013 Revised: August 5, 2019 Less-Lethal Weapons Directive No. 01.320 Page 1 of 6 Subject Control Spray: A handheld aerosol chemical irritant designed for direct application to the face of a resistant or combative subject(s). IV. PROCEDURE: A. REGULATIONS APPLICABLE TO ALL LESS-LETHAL WEAPONS: 1. Employees shall use less-lethal weapons in accordance with all training, policies and procedures regarding response to resistance. 2. No employee will be authorized to carry any less-lethal weapon until the following criteria have been met: 4.02, 4.06 a. The employee has received training and demonstrated proficiency in the use of the weapon. b. The employee has received copies of and been instructed in Department policies and procedures concerning response to resistance. c. The weapon has been inspected and approved by the rangemaster, assistant rangemaster, or a certified/qualified weapons instructor. 3. A list of less-lethal weapons for use is found in 01.310 Appendix A Weapons List and 01.310 Appendix B Ammunitions List. 4. Law Enforcement Officers (LEOs) carrying less-lethal weapons off-duty shall adhere to all training, policies and procedures regarding response to resistance. 4.06 a. duty. LEOs must be wearing a Class B uniform to carry less-lethal weapons off- b. The Department recognizes that an LEO becomes “on-duty” when taking law enforcement action. An LEO is permitted to have less-lethal weapons accessible to him/her while operating a Department vehicle, and therefore may utilize it when taking law enforcement action, in accordance with policy. B. TRAINING: 1. All training shall be conducted by employees who are authorized instructors and authorized to instruct on the use of the ASP, subject control spray (SCS), or less-lethal launcher. 2. Each employee will be required to successfully complete eight (8) hours of initial certification training for less-lethal launchers and two (2) hours of initial certification training for SCS and the ASP from certified instructors. An employee must pass practical tests before he/she is issued an SCS, ASP, or less-lethal launcher. Training will include all methods of less-lethal deployment, all Department policies and procedures on the Effective: December 16, 2013 Revised: August 5, 2019 Less-Lethal Weapons Directive No. 01.320 Page 2 of 6 appropriate response to resistance, and familiarization with the Florida State Statutes (FSS) provisions on the appropriate use of force. 3. LEOs will be trained in the use of the use of a window break device that shall be attached to the butt end of the ASP. 4. Once certified, employees shall attend recertification less-lethal weapons training on a biennial basis. Employees who fail to demonstrate proficiency with a weapon or who fail to achieve a passing score on certification or recertification examinations will receive remedial training, depending on the availability of certified trainers. Weapons will not be carried until satisfactory scores are attained. 4.06, 10.04, 10.10 5. All qualification and proficiency testing records for less-lethal weapons shall be documented in the Department's electronic training record software. C. CARE AND SAFE HANDLING OF LESS-LETHAL WEAPONS: 1. Employees will utilize the issued less-lethal weapons, impact munitions and associated accessories only. No changes, alterations, modifications or substitutions to issued equipment will be made. Any malfunctioning less-lethal weapon, impact munition or accessory shall be turned in to the training sergeant or his/her designee as soon as practical. Employees shall not attempt repairs to the equipment. 2. LEOs wearing the Class B uniform will wear the less-lethal weapon in accordance with Departmental Standards Directive 26.200 Appearance of Personnel. 3. Storage of less-lethal launchers shall meet the following criteria: a. When stored in a Department vehicle, less-lethal launchers shall be carried in locking vaults, if so equipped. If the vehicle does not contain a locking vault, the less-lethal launcher shall be secured inside the vehicle with a cable lock running through the barrel and attached to a fixed object. b. Less-lethal launchers that are being stored inside an LEO's residence or in an assigned locker at a police Department facility will be secured with a cable lock running through the barrel. 4. Employees shall inspect all less-lethal weapons issued to them prior to each tour of duty. When inspecting SCS aerosol cans, employees will ensure that the cans are not damaged, expired or leaking. Employees shall report any deficiencies noted to their supervisors, so that replacement weapons can be issued pending repair. 5. Supervisors shall conduct a monthly inspection of the ASPs, SCS, and less-lethal launchers issued to those employees within their command. The inspection will include a visual review and check to ensure that issued impact munitions or SCS have not expired. The inspection shall be documented in the records management system. Malfunctioning or expired equipment shall be submitted for repairs and documentation by Training Unit employees. 4.06 Effective: December 16, 2013 Revised: August 5, 2019 Less-Lethal Weapons Directive No. 01.320 Page 3 of 6 V. LESS-LETHAL WEAPON DEPLOYMENT: A. USE OF LESS-LETHAL WEAPONS: 1. Less-lethal weapons may be deployed on a subject who is displaying active physical resistance or aggressive physical resistance to an LEO attempting to conduct legal law enforcement activities and the subject presents an imminent danger to the LEO or other persons present. 2. The main purpose of an SCS deployment is to gain compliance by giving the employee an opportunity to: a. Take follow up control b. Tactically reposition and assess c. To achieve safe separation and reassess. 3. Employees using SCS shall consider the following circumstances before deployment: a. People in elevated locations b. People in control of vehicles while the vehicles are running c. Females that are known to be or are obviously pregnant d. People that are elderly or infirmed e. Crowded areas (refer to Standard Operating Procedure 46.03 Civil Disturbances and Mass Demonstrations) 4. An LEO who carries the TASER may choose not to carry the SCS as part of his/her Department-issued equipment. 5. The ASP is a tactical baton and is considered a defensive, impact weapon. 6. The ASP provides uniformed LEOs with quick access to an impact weapon, which is always carried. 7. The following guidelines apply to less-lethal launchers: a. The deployment of less-lethal launchers must be authorized by a supervisor. Effective: December 16, 2013 Revised: August 5, 2019 Less-Lethal Weapons Directive No. 01.320 Page 4 of 6 b. An LEO shall issue a warning to an offender prior to the LEO’s use of a less-lethal launcher when feasible, and when the warning does not jeopardize the LEO’s or bystanders’ safety. c. When utilizing less-lethal launchers, an LEO shall have a cover officer to provide lethal force coverage at all times. d. When possible, the intended use of less-lethal launchers will be communicated to other employees present before deployment. e. The decision to utilize a less-lethal launcher shall never be done at the risk of the LEO’s safety. 8. The head, neck, high center mass, spine and groin shall not be a target area for less-lethal impact weapons, unless lethal force is justified. For target areas, LEOs will refer to 01.320 Appendix A Targeting Areas. 9. See the following directives for guidelines regarding other less-lethal control options: 10. only. B. a. Departmental Standards Directive 01.315 Use of TASER b. Departmental Standards Directive 41.250 Use of Canines The use of a subject control spray (SCS) by a civilian employee is for self-defense CARE OF INJURED PERSONS: 1. An LEO who has deployed a less-lethal weapon shall ensure appropriate medical aid is rendered as defined by written directives and training. 2. Appropriate medical aid includes, but is not limited to, flushing chemical agents and subject control sprays from the eyes, applying first aid, and/or immediate aid by medical professionals. 3. When an SCS is used and a detainee is determined to be cooperative, the areas of the body exposed to the chemical agent may be aerated by use of the standing fan located in the sally port, flushed with water, and first aid shall be administered, if necessary. 4. If adverse symptoms persist beyond 45 minutes after the use of SCS, the LEO shall take the detainee to the hospital emergency room for evaluation and examination. Effective: December 16, 2013 Revised: August 5, 2019 Less-Lethal Weapons Directive No. 01.320 Page 5 of 6 C. REPORTING REQUIREMENTS: 1. Refer to Departmental Standards Directive 01.300 Response to Resistance for reporting guidelines. Approved: Daniel C. Alexander Chief of Police Effective: December 16, 2013 Revised: August 5, 2019 Date: Less-Lethal Weapons Directive No. 01.320 Page 6 of 6