BENSALEM TOWNSHIP POLICE DEPARTMENT

“Protect with Honor, Serve with Pride”

GENERAL ORDER: 1-08

TITLE: Use of Force
EFFECTIVE DATE: June 29, 2020 APPROVAL: Frederick A. Harran, DPS
REPLACES: General Order 1-08 – Dated December 18, 2019

CALEA STANDARD(S): 4.1.1 thru 4.3.4

PLEAC STANDARD(S): 1.3.1 thru 1.3.10

This order consists of the following sections:

I. Definitions
II. Lethal and Less Lethal Force Authorization
III. Use of Force/Force Options Continuum
IV. Less Lethal Weapons
V. Lethal Weapons
VI. Restriction on Use of Firearms and Qualifications
VII. Use of Force Reporting
VIII. Review Procedures
IX. Weapons, Review, Approval and Authorization

POLICY

It is the policy of the Bensalem Township Police Department that officers use only reasonable force necessary
and justified to effect lawful objectives in conformance to the provisions of the Pennsylvania Crimes Code,
other Pennsylvania statutory provisions, and applicable Pennsylvania and Federal Court decisions. All sworn
officers will be issued this General Order, instructed in the policy and demonstrate their proficiency in use of
Department authorized weapons.

PURPOSE

The purpose of this General Order is to establish guidelines and procedures to be used by officers of the
Department whenever the use of force is required.

I. Definitions

A. Reasonable Belief - The facts or circumstances the officer knows, or should know, are such as to cause an
ordinary and prudent person to act or think in a similar way under similar circumstances.

B. Serious Physical Injury - A bodily injury that creates a substantial risk of death; causes serious,
permanent disfigurement; or results in long-term loss or impairment of the functioning of any bodily
member or organ.

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 C. Deadly Force - Any use of force that is likely to cause death or serious physical injury.

D. Less Lethal Force – Any use of force other than which is considered deadly force.

E. Levels of Resistance – Levels of resistance encountered by officers will include the following.

1. Psychological Intimidation – Non verbal actions (body language) by the subject that often influence
an officer’s decision on how to approach the subject and how much force to use. Examples include,
but are not limited to: clenching of fists, widening of the subject’s foot stance or a blank stare or
expression.

2. Verbal Resistive or Non-compliance – Subject gives verbal responses that indicate an unwillingness
to submit to the lawful command of the officer. The responses may include threats or a lack of
cooperation.

3. Passive Physical Resistance – The subject refuses to comply with the lawful commands of the officer
and sits or allows himself to go limp when the officer attempts to control him; this is usually called
“dead weight” posture.

4. Defensive Physical Resistance – The subject uses overt physical action that does not allow the
officer to gain control. At this level, the subject doesn’t directly attempt to hurt the officer.
Examples include pulling and/or running away, or bracing against or grabbing onto an object.

5. Active Physical Aggression – The subject engages in combative techniques, attempting to harm the
officer or defeat the officer’s attempt to control him. At this level, a subject’s actions may result in
injury to the officer or others.

6. Aggravated Active Physical Aggression – The subject attempts to cause, or places an officer in a
situation that could result in, serious bodily injury or death to the officer or others.

F. Totality of the Circumstances – All of the facts and circumstances of a particular incident, including but
not limited to, the severity of the crime at issue, whether the suspect poses an immediate threat to the
safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade
arrest by flight. Other factors that should be considered include, but are not limited to:

- Officer-suspect factors, such as age, sex, size, skill, strength, endurance, multiple suspects,
multiple officers, and crowds both hostile and friendly.

- Special circumstances, such as the subject’s proximity to a weapon, special knowledge of the
suspect, injury, exhaustion or disability of the officer, imminent danger, subject’s mental state,
alcohol and/or drug influence, environmental factors, reactionary gap and other available options
for resolution.

- Subject’s level of resistance

II. Lethal and Less Lethal Force Authorization

A. Authorization - Reasonable and necessary force will be used by officers to control a situation, effect an
arrest, overcome resistance to arrest or defend themselves or another from bodily harm. When the use of
force is necessary, it should be in direct correlation to the amount of resistance employed against the
officer or the immediate threat a person poses to the officer or another. The use of force will be

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 progressive in nature as per the Force Options Continuum. No officer will use unreasonable or excessive
force toward any person.

1. In using force on injured subjects receiving medical attention, officers will reasonably consider force
justifying circumstances related to the person’s known injuries and medical care. Officers should
take into consideration the amount of resistance employed against them along with the type and
severity of the subjects injury. Officers will use only the amount of physical force necessary to
overcome the resistance, while attempting to limit any known injury from becoming more severe in
nature.

2. When an officer observes excessive force being applied by another officer, the observing officer has
a responsibility to intervene, render first aid to the suspect if needed, and then report the excessive
force to the on duty supervisor. If the excessive force is being applied by a supervisor, the officer
will report the incident to an Operations Commander.

3. Chokeholds, carotid holds, and similar compressions of the neck represent potential use of deadly
force and will never be used unless an officer or another is in imminent danger of death or serious
physical injury.

B. Lethal/Deadly Force – A “Peace Officer” (law enforcement officer) will only utilize deadly force when
reasonable and justified to effect lawful objectives in conformance to the provisions of the Pennsylvania
Crimes Code, other Pennsylvania Statutory provisions, and Pennsylvania and Federal Court Decisions.

1. As stated in Pennsylvania Crimes Code, Title 18, Section 508, a “peace officer” (law enforcement
officer) is justified in using deadly force “only when he believes that such force is necessary to
prevent death or serious bodily injury to himself or such other person, or when he believes that both:

- such force is necessary to prevent the arrest from being defeated by resistance or escape; and

- the person to be arrested has committed or attempted to commit a forcible felony or is

attempting to escape and possesses a deadly weapon, or otherwise indicates that he will
endanger human life or inflict serious bodily injury unless arrested without delay.”

2. Officers will be governed in the use of force by Title 18, Pennsylvania Crimes Code, Chapter 5,
General Principles of Justification, Section 505, Use of Force for Self-Protection, Section 506, Use
of Force for the Protection of Other Persons, Section 507, Use of Force for the Protection of Property
and Section 508, Use of Force in Law Enforcement.

3. Fleeing Felon – An officer is justified in using deadly force to prevent a felon from fleeing from
arrest or police custody when the officer believes no other alternative exists to effect the arrest and
when all of the following elements are present:

- The person fleeing possesses a deadly weapon which they have used or indicates they will use
AND

- Presents an immediate risk to the community and immediate apprehension is necessary to

preserve community safety AND

- The person fleeing has committed or attempted to commit a forcible felony.

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 a. A forcible felony is a felony involving actual or threatened serious bodily injury. Forcible
felonies are:

- Murder
- Voluntary manslaughter
- Arson endangering persons
- Aggravated assault causing serious bodily injury

b. The below listed crimes are forcible felonies only when their commission involves actual or
threatened serious bodily injury:

- Rape
- Involuntary deviate sexual intercourse
- Robbery
- Kidnapping

C. Less Lethal Force – Where deadly force is not authorized, officers will use only that level of force that is
reasonably necessary to de-escalate the incident and bring it under control.

1. Officers are only authorized to use department approved less lethal force weapons and/or techniques

- to protect themselves or another from physical harm;

- to restrain or subdue a resistant and/or non-compliant individual; or
- to bring an unlawful situation safely and effectively under control.

2. The Department will use the expandable baton, wooden straight baton, OC Spray, Taser and bean
bag shotgun rounds during normal day-to-day operations. Any other object used as a less lethal
weapon is prohibited, unless employment of the object is required to protect an officer or another
person from death or serious bodily injury. Any object used as an impact weapon will be utilized in
accordance with baton training. Officers will not intentionally direct blows to a suspect’s head
unless deadly force is warranted, nor will the impact weapon be used as punishment.

3. Officers will be guided in the use of force by the Department approved Force Options Continuum.

III. Use of Force/Force Options Continuum

A. Use of Force/Force Options Continuum - The Force Options Continuum lists 7 force options available to
officers. It requires the selection of the least violent means available relative to the situation. Which
option officers use depends on many factors, but the option is generally dictated after considering the
totality of the circumstances and the amount of resistance offered by the subject. Once the officer has
effected control of the situation and/or the subject, he will de-escalate to the lowest option necessary to
maintain control. If the situation should worsen or improve, the officer will re-evaluate the situation and
select a more appropriate force option. Officers may escalate and de-escalate more than once in any
given use of force incident.

Option 1 – Officer Presence – Assumes control of the situation or suspect through announced and/or
uniform appearance and professional bearing.

Option 2 – Verbal Command – Presence has failed, the officer begins a verbal persuasion/dialog and, if
needed, command warning mode to take control of the incident.

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 Option 3 – Open Hand – The officer places hands on the subject and advises him he is under arrest. All
resistance beyond this point is unlawful and must be countered by the officer.

Option 4 – Pain Compliance – Officers may employ OC Spray, pressure point control and/or Taser.
While considered an intermediate technique, the use of OC Spray or the Taser will limit
contact and injury to both suspect and officer, and bring a situation under control. OC Spray
or the Taser may be used at this step when an officer encounters a subject who is verbally
resistant, and begins making evasive movements to defeat the officer’s attempt to attain
control and/or gives non-verbal cues indicating possible aggression toward the officer.

Option 5 – Mechanical Compliance – Methods include wristlocks, arm bar or other come along
techniques. Joint pressure and leverage may be applied utilizing handcuffs or the impact
weapon. The use of neck restraints or similar control techniques will not be employed unless
exigent circumstances are present requiring an officer to utilize them for life saving
measures.

Option 6 – Impact – When mechanical control methods are ineffective or not appropriate, the force
applied escalates to the use of strikes, shoves, kicks, other physical force or an impact
weapon. This is the intermediate step between hand-applied force and deadly force.

Option 7 – Deadly Force – The ultimate option is appropriate only when an officer reasonably believes
that the action is in defense of human life, including the officer’s own life, or in defense of
any person in imminent danger of serious physical injury; or to apprehend a fleeing felon as
defined in “I. Definitions” section.

B. Rendering Medical Aid – After employing any physical force, including lethal or less lethal weapons,
officers will render appropriate medical aid and request medical assistance, when necessary, for a suspect
and any other injured individual when an injury is known, suspected or alleged to have occurred.

1. Aid will be rendered as soon as it is safe and practical to do so. The officer will complete the
following when an injury is known, suspected or alleged to have occurred:

a. The officer will ensure that subject is secured and then will assess for injuries.

b. The officer will render immediate and appropriate first aid for the injury sustained and
determine if additional medical attention is required.

c. When additional medical attention is required the officer will contact Bucks County Radio and
request a rescue squad respond.

d. If the subject requires transport to the hospital the officer will ensure rescue personnel can
transport the subject safely. The officer will ensure that the subject is under constant
supervision while receiving treatment at the hospital.

2. Aid will be documented in the Police Incident Report.

IV. Less Lethal Weapons

A. Taser – The X-26P Taser manufactured by Taser International is the only less lethal electronic controlled
weapon authorized by the Department. Only officers who have satisfactorily completed the
Department’s training course and/or the manufacturer’s certification course of instruction will be

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 authorized to carry the Taser. Only munitions manufactured by Taser International will be used.
Officers will be re-certified on the Taser device every year.

1. The Taser provides a force option which may protect the officer in situations where there is an
extreme or potential danger zone between the subject and the officer. The Taser may greatly reduce
the need for other types of physical force by officers which could result in serious or potentially
deadly injury to the subject, officers or others present.

2. The decision to use the Taser must be made dependent on the actions of the subject or threat facing
the officer and the totality of the circumstances surrounding the incident. The use of the Taser must
be reasonable and necessary. The Taser will never be used punitively. It is not a substitute for
deadly force and should not be used in those situations.

3. Proper consideration and care should be taken when deploying the Taser. The deploying officer
should alert other officers involved in the incident of the impending use. The Taser should not be
deployed in any of the following circumstances.

- When flammable gases or liquids are in the vicinity of the subject

- When the subject is in an elevated position or in other circumstances where a fall may cause
substantial injury or death
- Intimidation by recklessly displaying the Taser device
- Escorting or prodding individuals
- Waking unconscious or intoxicated individuals
- Subject holding a firearm with their finger on the trigger and aimed at another individual
- Handcuffed prisoners engaged in passive or defensive resistance, i.e. resisting or refusing to
enter a police vehicle, holding room, etc.
- Subject in actual physical control of the movement of a motor vehicle
- If the danger of harming other individuals present is greater than the threat presented
- A female subject who is obviously pregnant unless deadly force is justified as there is a
danger created by impact or the possibility of muscle contractions leading to premature birth

4. The Taser device will remain holstered/secured at all times unless it is being tested, used for training,
being serviced or being used to respond to an incident. The Taser device will be pointed in a safe
direction with the safety on during loading, unloading or when handled in other than an operational
deployment.

a. The X-26P Taser will be carried on duty in a Department approved holster and fully armed with
the safety on in preparation for immediate use. The Taser device will be worn on the support
side in a cross draw manner, away from the issued firearm.

b. At the beginning of each tour of duty, officers will test fire their issued Taser to ensure
operability. Officers will remove the cartridge from the Taser, point it in a safe direction and test
fire it.

5. Officers approved to use the Taser will be issued a minimum of one spare cartridge as a back up in
case the first cartridge’s leads break during use. The spare cartridge will be stored and carried in a
manner consistent with training. The cartridges will be replaced consistent with the manufacturer’s
expiration requirements.

6. The X-26P Taser may be used in close contact situations (Drive Stun or probes) to a distance of 25
feet.

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 a. When used during an incident, the X-26P Taser’s fixed sights should be the primary aiming
device and the laser dot as the secondary aiming device.

7. The X-26P Taser devices’ preferred target location on the human body is the center mass of the
subject’s back, but it is not always possible to get behind the subject. When not possible, the target
location on the front of the body is the lower center mass. Other target areas of the body include
either side of the subject’s body or any “green area” as instructed through training on the impact
weapon. Areas of the body to avoid are the head, neck and groin. Intentional deployment to the
chest will be avoided where possible.

a. The drive stun method may be used as a deployment consideration. Target areas for the drive
stun method will include muscle or nerve points on the front, back, sides, legs, arms and feet.

b. Officers should be aware that a subject’s heavy clothing may impact the effectiveness of the
Taser.

c. No more than one officer should deploy a Taser device against a single subject at the same time.

d. Officers should minimize the successive number of discharges against a subject where possible,
but they may be necessary to gain and /or maintain control of a combative subject, particularly
where back up officers are not available and /or still in route.

8. After deployment, and if the subject is compliant, immediate action should be taken to restrain
and/or apprehend the subject and to protect the scene. Once the subject is restrained or has
complied, the Taser will be turned off.

9. Officers will remove the probes from non-sensitive areas of the subject’s body using the procedures
outlined in training. Officers will provide first aid as required.

a. Medical personnel will remove probes from sensitive areas such as the face, neck, groin, eye or
female breast. All probes removed will be treated as a biohazard. Proper precautions will be
used when handling the probes.

10. Subjects who have been the subject of a Taser deployment will be monitored for a period of time
with the focus on symptoms of physical distress. Any person who appears to be having any form of
physical distress will be transported to a medical facility for a medical examination as soon as
possible. The subject may suffer from excited delirium and may not be immediately impacted. The
onset may occur a period of time after the deployment.

a. Pregnant women, the elderly and subjects who officers become aware have a pre-existing
medical condition that increases danger will also be monitored for signs of distress.

11. Cartridges and probes used in an incident will be handled as evidence. The probes will be packaged
in a manner that will protect any evidentiary value.

a. The cartridge, probes and any Anti-Felon Identification (AFID’s) will be placed into a plastic
evidence envelope, marked biohazard and placed into evidence.

b. The cartridge serial number will be included on the evidence envelope and noted in the Use of
Force Police Incident Report and Use of Force Report Form.

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 c. Photographs of the probe strike areas and/or drive stun marks on the subject’s body will be taken
after the probes have been removed and entered into evidence with the expended cartridge.

d. An Operations Commander will ensure a Taser Instructor conducts a download of the

information on the X-26P Taser used as soon as practicable after each use of force application.
The information will be entered into evidence with the cartridge and a copy of the information
attached to the Use of Force Police Incident Report and Use of Force Report Form.

B. Oleoresin Capsicum (OC) Spray/Foam – MK3 Stream OC Spray aerosol/foam is authorized by the
Department for use in less lethal force situations. (For the purpose of this General Order, OC types
“spray and foam” will be interchangeable.) Officers will complete the basic course in OC Spray to be
certified and authorized to carry the weapon on duty. OC Spray will be optional equipment for
uniformed patrol officers. It will be accessible to the officer while on duty. Officers will receive OC
training every two years.

1. Plain clothes officers, detectives and uniformed administrative officers are encouraged to carry
OC Spray while on duty but is not mandatory. Properly trained Community Service Officers
(CSO) will carry OC Spray while on duty. CSO’s will comply with the guidelines of this General
Order.

2. OC Spray should only be used in situations where an arrest is likely. If an arrest is not made, the
on duty supervisor will be notified.

3. OC Spray will be used only to the extent necessary to overcome resistance of the subject. Only
the amount reasonably needed to obtain control of the subject will be used. Once the desired
result has been achieved, the officer will stop dispensing the OC Spray. OC Spray will not be
used as a means of dispensing punishment. It will not be used on subjects who are properly
handcuffed or secured in custody, unless the subject is causing injury to himself and all other
methods have failed to stop the behavior.

4. Officers should not use OC Spray in an area where there is a possibility of the spray
contaminating civilians unless exigent circumstances are present. Officers should avoid using OC
Spray in situations where the use could cause panic (ex. Hospital, crowded room, etc.)

5. When possible, prior to dispensing OC Spray, officers will alert officers and others present of the
intention to use the spray. Officers should also take into account environmental conditions if used
outdoors and potential hazards that could cause injury to the subject after being sprayed (ex.
Stairs, traffic concerns, etc).

6. Primary targets are the face, eyes, nose and mouth of the subject being sprayed. A one second
burst should be used within a range of 3 to 12 feet. Officers should not use spray within 3 feet of
the subject because it may cause soft tissue damage. After using the spray, officers will allow
approximately 5 seconds to verbalize specific and distinct commands. The subject will then be
immediately handcuffed and, if appropriate, moved to a well ventilated area. A deactivating agent
may be used on the subject’s face to minimize the impact of the spray once the subject is in
custody and compliant.

7. After placing the subject in custody, the officer will transport the subject to Headquarters as soon
as practical. At HQ, the officer will make reasonable efforts to provide the subject relief from the
discomfort associated with the spray when practical. Relief efforts may include allowing the
subject to flush affected areas with clear water, washing exposed skin with soap and water, or

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 advising the subject not to rub affected areas. Officers should provide post use care until the
subject recovers from the effects of the spray.

8. If a subject exposed to the spray complains of or displays any severe or abnormal reaction, or the
officer reasonably believes the subject needs medical attention, the Rescue Squad will be called to
treat the subject.

C. Expandable Baton and Wooden Straight Baton – The Expandable Baton and Wooden Straight Baton
are both approved impact weapons authorized and issued by the Department. Officers will be trained
and certified in the use of the Expandable Baton and Wooden Straight Baton prior to use. The
Expandable Baton and Wooden Straight Baton will be optional equipment for uniformed patrol
officers. If carried, it will be attached to the officer’s gunbelt while on duty, via baton case
(expandable baton) or baton ring. If the patrol officer elects to not carry the Expandable Baton or
Wooden Straight Baton it will be readily available for use during the officer’s tour of duty. The
Expandable Baton and Wooden Straight Baton will be used to subdue an assailant and/or defend the
officer or another from an attack. Use of the Expandable Baton or Wooden Straight Baton will be
governed by Departmental training and certification guidelines.

1. Plain clothes officers, detectives and uniformed administrative officers are encouraged to carry the
baton while on duty but is not mandatory.

2. When the use of the baton is warranted, officers will attempt to strike large muscle group areas
where there is a minimal chance of permanent injury.

3. Officers will not purposely strike or jab subjects with the baton on the neck, head, sternum, spine,
lower abdomen, groin or kidneys unless faced with a deadly force situation. Officers will not use
the baton as a form of punishment.

4. If there is an emergency, other objects or pieces of equipment may be used as an impact weapon,
ex. Flashlights. Any object employed as an impact weapon will be used in conformance with this
General Order and training received in the baton.

5. After striking a subject with the baton and control has been obtained, the officer will afford the
subject medical treatment should, in the officer’s judgment, medical treatment is required, or if the
subject requests medical treatment.

D. Specialized Less Lethal Weapons – The Department has approved specialized less lethal weapons that
can be used by certified officers. The approved specialized less lethal weapons are:

- Less lethal shotguns (orange stocks) with 12 gauge bean bag round ammunition.

- A single and multi 40 mm launcher, used for 40 mm bean bag rounds, kinetic sponge rounds,
smoke rounds, CN gas, CS gas and OC canisters. “Knee knocker” rounds may also be used in
the launcher for civil disturbance purposes.

- Hand launched Pepperball grenades may be used for civil disturbance or other SWAT
operations purposes.

1. Only officers properly trained and authorized will be permitted to possess and use these weapons.
The use will be governed by training received by officers in tactical considerations and
deployment procedures for the specific weapon.

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 2. The use of OC, CN or CS gas will be governed by environmental conditions and/or location of the
incident. Gases will be used in accordance with threshold concentration limits.

3. Authorization to use one or more specialized weapon will be given by a supervisor, SWAT Team
Leader or Commander. The option to use the specialized weapons is determined by the totality of
the circumstances at the time of the incident along with the advice of an officer authorized and
trained to use the specialized weapon.

4. Bean bag rounds may be used in situations where distance is necessary to maintain officer safety
and the use of impact weapons is a reasonable use of force. They should not be fired through
glass, chain link fences, etc., because the bag may tear and lead shot might be released. Bean bags
may be used between 5 and 20 yard range. Primary target areas are the lower abdomen, buttocks,
legs and arms below the elbow. Shots to the head, spine and neck can result in fatal or serious
injury and should be avoided unless lethal force becomes necessary.

E. Less Lethal Weapons Qualification and Certification – All certifications will be evaluated and
administered by a certified less lethal instructor. Less Lethal Instructors will provide the Training
Function with documentation on all less lethal training provided to include results of certifications and
any remedial training of officers required. The following are certification time periods for less lethal
weapons:

1. Expandable Baton and Wooden Straight Baton – Officers will receive training and recertification
every two years usually during annual Mandatory In-Service Training.

2. OC Spray – Officers will receive training and recertification every two years, usually during
annual Mandatory In-Service Training.

3. Taser – Trained officers will receive annual in service training and re-certification every year.
Instructors will recertify every two years.

4. Specialized Weapons – Affected officers will receive training and recertification through the
Training function.

F. Qualification Failure - If an officer fails to qualify on any authorized less lethal weapon during a
scheduled Department less lethal weapon qualification period, and/or demonstrates a severe lack of
proficiency/safety with the weapon, the Firearm Instructor will immediately relieve the officer of the
less lethal weapon and notify the Special Operations/Professional Services Commander of the failure.

1. The Special Operations/Professional Services Commander will reassign the affected officer to
administrative duties and his less lethal weapon will be returned to the Armory for safekeeping.

2. The Special Operations/Professional Services Commander will assign a Firearms Instructor for
remedial training of the affected officer. The affected officer will be afforded 4 remedial training
periods over a 14 calendar day period. Times for remedial training will be according to
availability of the firearms instructor. The affected officer will not return to full duty until he re-
qualifies with the authorized less lethal weapon.

3. If the affected officer cannot qualify after 14 calendar days, the Special Operations/Professional
Services Commander will forward the matter to the Director of Public Safety via the Deputy
Director for review and administrative action.

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V. Lethal Weapons

A. Handgun – Officers will carry only Department authorized firearms and ammunition while on duty.
Handguns will remain holstered/secured at all times unless being used for training, being serviced or
being used to respond to an incident. When not being carried, the handgun will be stored in a secure
manner utilizing the Departments secure locker or when stored at home in a safe or locked secure area.
Officers will follow all guidelines governing the carrying, training, qualifying and use of firearms.
Firearms will not be carried, stored or used in a negligent or reckless manner. Officers will be held
accountable to this policy both on and off duty.

The only authorized and issued handguns used by the Department are the .40 caliber Glock Model 22,
23 and 27. Ammunition used will be the .40 caliber, Winchester Ranger 165 grain T Series, jacketed
hollow point automatic pistol cartridge. Practice/Training ammunition will be the Federal 165 grain
full metal jacket ball. The Glock Model 43 is approved for use by Command Level Officers.
Ammunition will be the 9mm caliber, Speer Gold Dot 124 grain hollow point. Practice/Training
ammunition will be the Speer Lawman 124 grain full metal jacket ball.

1. Off-Duty/Issued Firearm - Off-duty officers are authorized, but not obligated, to carry issued
firearms and ammunition within the Commonwealth of Pennsylvania. If an officer does carry the
firearm and is not on duty, the firearm will be concealed from the public. The officer will conduct
himself in a professional manner, refraining from activities or conduct that would adversely affect
the reputation of the Department. If carrying a firearm, an officer must have the official police
identification card and badge in his/her possession.

2. Off-Duty/Personal Firearm - While in off-duty status, officers may carry a personal off-duty
firearm. If an officer carries a personal firearm while off duty, it will be concealed from the public.
The off duty officer will have in his possession the official police identification card and badge.
Off-duty personnel will conduct themselves in a professional manner, refraining from activities or
conduct that would adversely affect the reputation of the Department. Officers will be permitted to
carry their personal off duty firearm while on duty as a secondary firearm provided the firearm is
concealed from public view, is Department approved and the officer has qualified with the firearm
per this General Order.

3. Personal Firearm Notification and Approval - Officers will submit a memo to the Director of Public
Safety through the Training Function informing him of the personal firearm that they wish to carry
when off duty. The memo will include the make, model, caliber, length of barrel, type of finish,
serial number of the firearm, and type of ammunition being used. The firearm will be submitted to
a Firearms Instructor for a function check and registration. The Firearms Instructor will also
recommend a Training and Qualification Course for the firearm. Upon approval of the firearm by
the Firearms Instructor and the Department, the officer will be required to successfully complete
the approved Firearms Training and Qualification Course prior to carrying the personal firearm.
Ammunition, other than the Department issued .40 caliber, will be supplied by the individual
officer and must also be approved by the Department.

B. Shotguns - The authorized shotguns issued by the Department are the Remington 12 Gauge model 870
or 1187 shotgun. Ammunition used is the Winchester Ranger 2 ¾ inch low recoil rifle slug and
Winchester Ranger 2 ¾ inch low recoil 00 buckshot.

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 1. The carrying of the shotgun on patrol will be at the discretion of the officer with approval of the
shift supervisor. When a shotgun is issued or when assigned to a vehicle, the shift supervisor will
record the shotgun number on the attendance sheet.

2. The officer will visually inspect the weapon for operational efficiency.

3. Loading and unloading the shotgun will be done at headquarters using the clearing barrel located
inside the Evidence Sallyport.

4. If carried by an officer on patrol, the shotgun must be secured in a locking device within the
passenger compartment of the vehicle loaded in “cruiser ready” condition. “Cruiser ready” is
defined as an empty chamber with the magazine loaded to full capacity and the safety on.

5. Shotguns in assigned vehicles will be secured in the vehicle’s interior shotgun rack, a trunk gun
locker or the Department Armory when the vehicle is not in service.

C. Patrol Rifles – The authorized Patrol Rifle issued by the Department is the “Stoner-Style”, semi-
automatic rifle, chambered for the .223 caliber (5.56mm) round. Ammunition used will be either a
Winchester Ranger 64 grain power point, or a Winchester Ranger 55 grain Ballistic Silvertip. Training
ammunition will be Winchester or CCI Speer 55 grain full metal jacket. Patrol rifles will be assigned
by the Department and stored in the patrol rifle locker in the secure Patrol Equipment Room unless
otherwise noted below.

1. The Department Firearms Training Unit will qualify assigned officers prior to them being issued a
Patrol Rifle.

a. The carrying of the Patrol Rifle while on duty will be at the discretion of the assigned officer
with approval of his supervisor and will be noted on the daily attendance sheet.

2. The officer will visually inspect the weapon for operational efficiency prior to the start of their
tour of duty. Loading the magazine into the weapon will be done after the bolt is closed forward
with the manual safety on.

3. The weapon will be stored and/or secured in a “cruiser ready” condition while being carried on
duty.

a. Patrol Rifles will be secured in the vehicles’ fixed interior rifle rack if available. If the vehicle
does not have a fixed rack, the rifle will be stored in a soft tactical bag with a secure trigger
lock enabled and stored in the trunk of the patrol vehicle.

b. If the rifle is assigned to an officer with a take home vehicle, the rifle will be removed from the
vehicle and secured in the patrol rifle locker in the Patrol Equipment Room when not on duty.

c. If the vehicle is equipped with a trunk vault and/or an alarm the patrol rifle can be stored in the
vault at all times.

D. Specialized Weapons - The Department has in its possession certain specialized weapons, such as rifles
and automatic weapons, usually used in special operations. Only properly trained and authorized
officers will be permitted to possess and use these weapons. Authorized officers will be required to
complete a training qualifications course annually, as prescribed by the firearms training instructors.

1. The Department authorizes the following specialized weapons:

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 - H&K Model 53 .223 Cal. Rifle with Semi Auto Select Fire Rifle
- H&K MP5 .40Cal. Select Fire Rifle
- 20 inch Barrel AR-15 Semi-Auto Rifle
- 16 inch Barrel AR-15 Semi-Auto Rifle
- 11 ½ inch Barrel AR 15 Semi/Full Auto Rifle
- 16 inch Barrel AR 15 Semi/Full Auto Rifle
- Bull Barrel AR-15 Spotter Semi Auto Rifle
- .308 Cal. Bolt Action Rifle
- Remington 870 14 inch barrel Tactical Shotgun
- Remington 1187 Semi-Auto Shotgun
- 338 Lapua Sniper Rifle

2. The Department authorizes the following specialized ammunition:

- Winchester Ranger 64 grain .223 cal bullet

- Winchester Ranger 165 grain jacketed hollow point .40 cal bullet
- Winchester 55 grain ballistic silver tip .223 cal bullet
- Remington 62 grain match grade hollow point .223 cal bullet
- Federal Gold Medal 168 grain match grade .308 cal bullet
- Federal Gold Medal 165 grain bonded .308 cal bullet
- Winchester and Federal 12 gauge OO buckshot
- Winchester and Federal 12 gauge Rifle slug
- Hornady 250 Grain BTHP 338 Lapua

3. The weapons will be used in accordance with the policies and procedures established by the
Department.

VI. Restrictions on Use of Firearms and Qualifications

A. Use of Firearms – Restrictions on use of firearms are as follows:

1. Verbal Warning - When officers are about to use deadly force, they will, when practical, issue a
verbal warning to the suspect identifying themselves as police officers and instructing the suspect to
cease or stop his actions. Once the officer has decided to fire his weapon, he must be prepared to
take the ultimate responsibility of inflicting injury or death.

2. Warning Shots – Officers are prohibited from firing warning shots under any circumstances.
Warning shots are usually not aimed at a specific target and may create a danger to others. Other
officers may also mistake the intention and subsequently shoot without appropriate justification.

3. Rescue Shots – A rescue shot identifies a location and signals for appropriate assistance. Officers in
danger of death or serious bodily injury and incapacitated to the extent they cannot signal in any
other manner may fire a rescue shot. Officers must exercise reasonable care, shooting away from
any other individuals, homes, vehicles, etc.

4. Shooting at or from a Moving Vehicle – Officers will not discharge a firearm at or from a moving
vehicle, except where the officer reasonably believes:

- An occupant of the vehicle is using, or threatening to use, deadly force by a means other than
the vehicle OR

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 - A vehicle is operated in a manner deliberately intended to strike an officer or a citizen, and all
other means of defense have been exhausted (or are not present), which includes moving out of
the path of the vehicle.

- The officer will ensure that the safety of innocent people is not unduly jeopardized by his
actions. Consideration should be given to the difficulty of hitting a moving target, ricocheting
bullets striking unintended targets, population density, the inability to stop a vehicles’
momentum even when the suspect is hit and the damage or injury which might result from
causing the vehicle to go out of control.

5. Destruction of Animals – Officers may use a firearm to kill a dangerous animal or to terminate the
suffering of a critically injured or sick animal when other means of disposal are impractical.

a. A sick or injured animal may be destroyed only with the approval of the shift supervisor. If
available, the Animal Control Officer will be notified to determine if the animal can be saved or
destroyed in a safe manner. Destruction will be documented on a Police Incident Report.

b. If the owner of the sick or injured animal is present or can be contacted, written permission of
the owner will be obtained prior to destruction.

c. Appropriate precautions will be taken to protect any nearby person(s) or property.

d. If a dangerous animal is killed in self-defense, precautions will be taken to protect any nearby
persons or property. The incident will be documented on a Use of Force Police Incident Report
and Use of Force Report Form.

B. Lethal Weapons Qualification - All sworn officers will be required to successfully complete a Firearms
Training and Qualifications Course at least bi-annually for both on and off duty weapons prior to being
allowed to carry. All sworn officers who will carry or utilize any agency authorized weapon will
demonstrate their competency with each weapon by firing a passing qualifying score on a prescribed
course of fire. The firearms qualification process will be administered by an instructor(s) trained and
certified in the use and instruction of firearms through a professionally recognized instructor-training
program. A Range Roster (Form #A-31) will be completed by the Range Instructor for each
qualification day.

1. Officer assigned to Federal Task Forces who are required to qualify with the Federal Agency will
qualify with the Department annually and provide documentation of their qualification with the
Federal Agency to the Training Function. These officers must qualify at a minimum bi-annually.

2. The Administrative Commander will maintain a record of all weapons issued and/or approved by
the Department for official use.

3. Officers will complete all other firearms training as scheduled by the Training Function.

4. Firearms instructors will provide in-service training on the Department’s Use of Force General
Order annually through Power DMS.

5. Firearms instructors will provide the Training Function with documentation of all in-service
training, Range Rosters and firearms proficiency qualification, including results of tests and/or
qualification courses.

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 a. Firearms Instructors will provide the Administrative Commander a record of each weapon
approved for official use through qualifications. This will include personal off-duty firearms.
Included in the record will be:

- Type of weapon
- Model
- Serial #
- Type of ammunition (off duty)
- Owner or assignee
- Approving Officer

b. The Administrative Commander will review these records annually to update and expunge
records as needed.

C. Qualification Failure - If an officer fails to qualify on any authorized firearm during a scheduled
Department firearms qualification period, and/or demonstrates a severe lack of proficiency/safety with
the weapon, the Firearm Instructor will immediately relieve the officer of the weapon and notify the
Special Operations/Professional Services Commander of the failure.

1. The Special Operations/Professional Services Commander will reassign the affected officer to
administrative duties and his weapon will be returned to the Armory for safekeeping.

2. The Special Operations/Professional Services Commander will assign a Firearms Instructor for
remedial training of the affected officer. The affected officer will be afforded 4 remedial training
periods over a 14 calendar day period. Times for remedial training will be according to availability
of the shooting range and firearms instructor. The affected officer will not return to full duty until
he re-qualifies with the authorized firearm.

3. If the affected officer cannot qualify after 14 calendar days, the Special Operations/Professional
Services Commander will forward the matter to the Director of Public Safety via the Deputy
Director for review and administrative action.

D. Inspection and Repairs - All Department issued firearms and approved personal firearms will be
inspected at least annually during firearms qualifications by a Firearms Training Instructor to determine
if the weapon is in proper working condition. Any unsafe weapons will be removed from service by the
Instructor and reported to the Administrative Commander. Repairs of Department-owned firearms will
be completed by a Department armorer or outside certified vendor. A temporary replacement weapon
will be issued and carried on duty after a firearms instructor familiarizes the involved officer with the
temporary weapon.

1. Repairs of personal weapons will be the responsibility of the individual officer. A Firearms
Instructor will inspect the weapon prior to use after repair.

2. If an officer finds his weapon is not performing properly at a time other than a firearm qualification,
he will report the malfunction immediately to the Administrative Commander through his shift
supervisor. A temporary replacement will be issued as per the above guidelines.

3. Specialized weapons will be inspected at least yearly by a firearms instructor assigned by the
specific supervisor responsible for the specialized weapons. The instructor will be responsible for
the safe and proper storage of the weapons assigned and will immediately report any defect or
problem found to the specific supervisor.

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VII. Use of Force Reporting

A. Use of Force Reporting - Whenever an officer:

- Discharges a firearm for other than training, animal destruction or recreational purposes,
- And/or uses physical force that results in (or is alleged to have resulted in) any injury or death of
another person,
- Applies physical force through the use of lethal and/or less lethal weapons,
- And/or uses physical force (or is alleged to have used physical force), upon another person.

The following procedure will apply:

1. The involved officer will notify his supervisor immediately of the use of force.

2. The officer using physical force will complete a Use of Force Police Incident Report and any
other required reports detailing the use of force and reasons for use and submit it to the Shift
Supervisor prior to the end of the tour of duty unless officer involved Use of Deadly Force
procedures are being followed. If the officer is injured, the Shift Supervisor will ensure the
necessary reports are filed.

3. The following applications/contacts will not require Use of Force reporting unless the
application/contact results in (or is alleged to have resulted in) injury:

- Physical Touching
- Gripping or Holding
- Frisking
- Pressure Point Application
- Come Along Holds
- Handcuffs

a. Point of gun situations will not require a Use of Force Police Incident Report. All pertinent
information concerning the use of the weapon will be documented in the narrative of the
incident report.

4. Upon receiving a Use of Force Police Incident Report the shift supervisor will document the use of
force via the department Police Personnel Management Software.

B. Force Incident Reporting – Whenever an officer uses physical force that results in (or allegedly
resulted in) injury or discharges a firearm other than in training, animal destruction or recreational
purposes, a written report will be submitted in accordance with the following procedure:

1. Discharge of a Firearm with No Injury – The officer discharging the firearm, whether on or off
duty, and whether the discharge was accidental or in the performance of duty, will immediately
notify the shift supervisor on duty.

a. The shift supervisor will notify the on duty commander or, if unavailable, the on-call
commander of the incident. The shift supervisor will also notify CID to investigate the
incident.

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 b. Upon arrival at Headquarters, the involved officer will relinquish his firearm to the
Supervisor. If an officer’s firearm is being taken as evidence, a replacement weapon should
be immediately provided to the officer unless there is an objective basis for questioning the
officer’s fitness for duty. Officers will be kept informed of when their assigned weapon is
likely to be returned.

1. An officer whose duty weapon is taken as part of an investigation will be issued a

replacement firearm based on the initial investigation, opinion of the officer’s supervisor
and the on duty/on call Commander, and a final decision by the Director of Public
Safety.

c. The involved officer will submit a Use of Force Police Incident Report explaining the details
of the incident to the shift supervisor.

d. Upon receiving a Use of Force Police Incident Report the shift supervisor will document the
use of force via the department Police Personnel Management Software.

2. Less Lethal Force Causing No Injury or Minimal Injury - The officer using force, whether on or
off duty, will immediately notify the on duty Shift Supervisor.

a. The Shift Supervisor will determine whether C.I.D. should be notified. If required, a Detective
will be assigned to investigate the incident. If C.I.D. is required, the Shift Supervisor will
notify an On-Duty Commander, or if unavailable, the On-Call Commander of the incident.

b. If an interview of the suspect is required a Detective Sergeant will be contacted to conduct the
interview.

i. If a Detective Sergeant is unavailable the on-duty or on-call Commander will be notified.

The Commander will conduct the interview or designate a patrol supervisor or detective
to conduct the interview.

c. The officer will submit a Use of Force Police Incident Report explaining the details of the
incident, prior to the end of his tour of duty. Off duty officers will report to Headquarters
immediately after the incident to submit the reports.

d. Upon receiving a Use of Force Police Incident Report the shift supervisor will document the
use of force via the department Police Personnel Management Software.

3. Force Causing Serious Injury or Death - (Also refer to General Order 2-19 Use of Deadly Force
Officer Support and General Order 3-19 Use of Deadly Force Investigations, for more in
depth procedures) - The officer using force, whether on duty or off duty, will immediately notify
the Shift Supervisor on duty. The Shift Supervisor will notify an on duty Commander or the On-
Call Commander. The Commander will notify the Deputy Director and Director of Public Safety,
relaying information of the incident.

a. When an officer is involved in a shooting incident and has been fired upon by a subject, the
officer, after the situation is stabilized, should be immediately taken to the nearest Emergency
Room for an evaluation.

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 b. The incident will be investigated per General Order 3-19, Use of Deadly Force
Investigations. The officer will submit a Use of Force Police Incident Report explaining the
details of the incident as part of the General Order 3-19 procedures.

c. After the investigation is complete, the Operations Commander will review reports received
from all parties involved. He will then will document the use of force via the department
Police Personnel Management Software as per VII A. of this General Order.

C. Use of Force Incident Outside of Township Jurisdiction – When an officer uses force in a location
outside of the township, whether on or off duty, at a minimum, an on-duty supervisor and/or
commander will respond to the incident location to assist the investigating agency and ensure this
General Order, along with General Order 2-19, Use of Deadly Force Officer Support and/or
General Order 3-19, Use of Deadly Force Investigations are being adhered to.

1. The involved officer will report to Headquarters immediately after the initial investigation of the
incident to submit the required reports, unless the incident occurred outside of the township and
his presence is required by the investigating jurisdiction.

D. FBI National Use of Force Data Collection – the Professional Standards Commander will enter
qualifying Use of Force Incidents to the FBI National Use of Force Database whenever an officer:

1. Uses force that results in the death or serious bodily injury of a person, as well as when a law
enforcement officer discharges a firearm at or in the direction of a person.

- The definition of serious bodily injury for this section will be based, in part, upon Title
18, United States Code, Section 2246 (4). The term “serious bodily injury” means
“bodily injury that involves a substantial risk of death, unconsciousness, protracted and
obvious disfigurement, or protracted loss or impairment of the function of a bodily
member, organ, or mental faculty.”

- The National Use-of-Force Data Collection will include incident information, subject
information, and officer information.

VIII. Review Procedures

A. Command Review – Upon receiving the documented use of force via the department Police Personnel
Management Software and all associated paperwork from the supervisor, a Commander will review,
comment and electronically sign the form. The form will then be forwarded for review to the
members of the Command Staff.

1. The Command Staff will review, comment and electronically sign the form and forward the
completed form via the department Police Personnel Management Software to the Director of
Public Safety for his designee for review. The Director of Public Safety will determine
compliance with policy, non-compliance, policy failure, training failure, etc.

2. The Director of Public Safety or his designee will then forward the completed review via the
department Police Personnel Management Software to the Deputy Director of Public Safety for
handling and/or filing.

B. Officer Status Pending Administrative Review in Lethal or Near Lethal Use of Force Incidents - An
officer involved in an incident where the use of force or any other action resulted in a death or serious
physical injury will be assigned to administrative duty or placed on paid administrative leave pending

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 a complete investigation and review of the incident. This duty or leave will not be considered
discipline taken against the officer, but rather relieving the officer from field duty while undergoing
the emotional stress of having used deadly force. The Director of Public Safety will determine the
period of time the affected officer will spend on administrative duty or leave.

1. Officers involved in a lethal or near lethal use of force or any other action resulting in death or
serious injury incident will be scheduled for a mandatory psychologist interview for consultation
and/or counseling treatment. The interview will be scheduled as soon as possible following the
incident.

a. An officer whose duty weapon is taken as part of the investigation will be issued a
replacement firearm based on the initial investigation, opinion of the officer’s supervisor, the
on-duty/on call Commander, and a final decision by the Director of Public Safety.

C. Shooting Review Board - The Shooting Review Board will be convened to review all incidents where
an officer has discharged a firearm for other than training purposes or the euthanization of a severely
injured and /or sick animal. The committee will consist of the Special Operations/Professional
Services Commander and the Firearms Training Instructors.

1. The Shooting Review Board will review each incident where an officer has discharged a firearm
to determine if policy and procedural guidelines were followed and/or if Department policy needs
to be revised. The Board will be assembled within one week of the incident.

2. The Board will review and discuss all reports associated with the incident along with any policies
that may have an impact on the review. The Board will also interview involved officers. After all
interviews and report reviews are completed, the Board will confer and develop a final report of
its findings.

3. The Boards final report will be incorporated into the Special Operations/Profession Services
Commander’s internal investigation and submitted directly to the Director of Public Safety.

D. Annual Review of Use of Force Incidents – The Deputy Director or designee will conduct an annual
analysis of all Use of Force activities, policies, and practices. The analysis will identify:

1. Date and time of incidents;

2. Types of encounters resulting in use of force;
3. Trends or patterns related to race, age and gender of subjects involved;
4. Trends or patterns resulting in injury to any person including employees;
and
5. Impact of findings on policies, practices, equipment and training.

IX. Weapons, Review, Approval and Authorization

A. Authorizing Weapons – The Director of Public Safety will have final approval and will authorize all
weapons and ammunition carried and/or used by sworn personnel, including weapons carried both on
and off duty.

B. Weapons used by sworn personnel including on and off duty lethal weapons - When a new or
unapproved weapon is deemed needed for use by the Department, the Firearms Unit and/or Less
Lethal Instructors will review the weapon and submit a recommendation to the Director of Public
Safety. The Director of Public Safety will have the authority to approve the use of the weapons, upon
officers receiving the required training and certification to utilize the weapon.

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 1. Departmentally approved weapons will be reviewed and inspected prior to any employee carrying
that weapon, and on an annual basis by an appropriate weapons instructor and/or department
armorer for that weapon.

2. A training curriculum will be developed by the appropriate unit. Department personnel will
receive training in the use of the weapon prior to it being utilized.

“This directive is for internal use only, and does not enlarge an officer’s civil or criminal liability in
any way. It should not be construed as the creation of a higher standard of safety or care in an
evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only
form the basis of a complaint by this department, and then only in non-judicial administrative setting.”

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