ERIE POLICE DEPARTMENT CITY OF ERIE, PENNSYLVANIA Policies and Procedures Subject: Less-Lethal Devices Policy Number: 4.2 Effective Date: July 01, 2005 Revision Date: December 01, 2013 ‘Approval Authority Title and Signature: POLICY: To reduce and minimize enforcement-related injuries to officers and suspects, the Erie Police Department authorizes the use of selected less-lethal control devices. Less-lethal control devices are provided in order-to control violent or potentially violent suspects. It is anticipated that the use of these devices will generally result in fewer enforcement-related injuries to officers and suspects. The below procedures are for the use and maintenance of less-lethal control devices (e.g., Impact Weapon, Less-Lethal Munitions, Conducted Electrical Weapon (TASER), and Chemical Agents) DISCUSSION: It is understood by this Department that due to unforeseen pre-existing physical and/or medical conditions, some less-lethal devices and munitions can cause serious injury or death even when used as recommended. The use of these devices and munitions, when available, is a compassionate attempt to take the offender or subject into custody without resorting to traditional force options likely to cause death or serious physical injury. LEGALITY: (@) Title 18, Pennsylvania consolidated Statutes, sections 501, 503, 508 (6) Graham v. Connor [(1989) 490 U.S. 386, 109 S.Ct, 1865] (©) Scottv. Harris 550 U.S. 372, 383 (2007) @ Reed v. Hoy 909 F.2d 324 (9th Cir, 1989) Page | of 12,Less-Lethal Devices 2of 12 PROCEDURES: ‘When Devices May be Used LLess-lethal control devices may be employed when a decision has been made to restrain, control or arresta violent, threatening, non-compliant, or suicidal subject. Less-lethal control devices may be employed only when it appears to be objectively reasonable based on the totality of the circumstances known to the officer at the time, The force used must be “objectively reasonable” under the ‘Graham v. Conner standard. Under this critical standard, the force used by the officer is evaluated in light of the totality of the facts and circumstances known to the officer at the time the force is used. Factors considered are minimally: the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of law enforcement officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight. The evaluation of force is without regard to the officer’s underlying motive or intent, and is evaluated using the “reasonable officer standard.” Graham v, Connor 490 U.S. 386, 109 S.Ct. 1865 (1989) “In judging whether [an officer's] actions were reasonable, we must consider the risk of bodily harm. that [an officer’s] actions posed to [a suspect] in light of the threat to the public that [the officer] was trying to eliminate” Scott v. Harris 550 U.S. 372, 383 (2007) It is recognized that officers have no duty to retreat from resistance or threatened resistance, and are tot considered the aggressors when lawfully attempting to overcome resistance ir effecting aarrest, Officers may use reasonable force to affect an arrest, overcome resistance, and prevent escape. Reed v. Hoy 909 F.2d 324 (9 Cir. 1989) Safety Priorities in the Use of Less-Lethal Control Devices: Officers are not required or expected to take extraordinary risks when attempting to employ any less- lethal tool. Officers should, if possible, take tactical measures that provides for their safety and the public’s safety while attempting to resolve any incident with any less-lethal device or tool. Since offenders are the architects of their own destiny and control the level of force required to take them into custody, their safety, while still important, is the least considered in the hierarchy of safety priorities in resolving a dangerous confrontation. Officers are admonished at all times to preserve the rights guaranteed under the Constitution of the United States and the laws of the State of Pennsylvania.Less-Lethal Devices : 3 of 12 Impact Weapon Guidelines: The police use ofa hand-held impact weapon or police baton is authorized for use when, based upon the totality of the circumstances perceived by the officer at the time, its employment is reasonable and calculated to result in the compliance of the subject. Ifit is reasonable and necessary officers may use the impact weapon for self defense, defense of others, effect an arrest, prevent escape and/or to control a subject. Officers are discouraged from employing hand held impact weapons against offenders armed with any type of deadly weapon or implement that could be used to create serious physical injury. When faced with an armed suspect, this Department recognizes that most often the appropriate response is to attempt to control their action through the display and use of a firearm. Authorized Impact Weapons: Officers are authorized to carry the collapsible or straight baton as an impact weapon after they are certified through the Department on impact weapon guidelines. After they are certified, officers will review and be re-certified yearly on impact weapon guidelines. The Department realizes that officers are forced to make split second decisions in tense, uncertain and rapidly evolving situations. Therefore its understandable that officers may have to use any object that is readily accessible to them as an impact weapon to accomplish the legitimate law enforcement purpose. Tmpact weapons may be “authorized for carry’, may be “environmental” or ‘readily available’ to the immediate needs of the officer. These impact weapons include anything that might not normally be considered a weapon including but not limited to the ground, an automobile, fixed objects and items that may be thrown at or used to strike a subject, These weapons are authorized for use when, based upon the totality of the circumstances perceived by the officer at the time, its employment is reasonable and calculated to result in the compliance of the subject. Handcuffing: Gi) Persons taken into custody shall be rear cuffed at the earliest opportunity to reduce the potential for resistance and/or injuries. Special considerations shall be made to prevent addition injury to subjects who would be adversely affected by having their hands secured behind their back. These conditions, when known to the Officer, might include being obese, muscular, pregnant, or recent arm/shoulder or medical condition, Gii) After an individual has been controlled and placed under custodial restraint using handcuffs and other authorized methods, the person should be positioned so as to promote breathing. If person appears to be having difficulty breathing ot is otherwise demonstrating life-threatening symptoms, medical assistance will be requested immediately.Less-Lethal Devices 4 of 12 Tear Gas Guidelines: Definitions: CS (Orthochlorbenzalmalononitrile): Chemical irritant that affects the lachrymal glands (tear ducts) causing involuntary closing of the eyes and extreme eye burn sensation. CS is not usually effective against dogs. (SWAT Trained Personnel) OC (Oleoresin Capsicum): An inflammatory agent derived from pepper plants that effects tissue and irritates the eyes to cause tears, pain, and temporary blindness. OC is known to be effective against dogs. (Available To All Sworn Personnel) ‘Smoke: Tactical Smoke Grenade to be used in ‘screening’ (rescue and/or tactical movement), signaling and to determining windage. Use: Only devices containing OC or CS may be used by Department personnel for the delivery of chemical munitions against unruly crowds or barricaded subjects. An EPD supervisor should ‘Supervise the deployment of all munitions to be used against a crowd or barricaded subject Barricade Situations (See Barricade Policy): ‘The use of chemical agents against barricaded suspects shall be based upon the totality of the circumstances known to the officers at the time. Only members trained in the use of agents against barricade situations (SWAT Chemical Munitions Element) may deploy the agents into the stronghold, Personnel shall understand that in order for agents to be effective, they must take advantage of their unique and particular qualities. No one agent is perfect for every deployment scenario, Officers trained in these agents shall understand and will consider these guidelines when deploying chemical munitions into a barricaded stronghold. Gas masks should be available for officers prior to deployment. Civil Disturbances (See Civil Disturbance Policy): Chemical munitions (OC aerosol/vapor grenade) for outdoor use will be available for patrol use ‘when responding to a civil disturbance. These munitions are hand delivered and will be deployed only when needed to minimize the potential for injury to officers, citizens, or offenders at a scene. ‘These devices are intended for outdoor (large area) use and have the potential for causing fire, They{Less-Lethal Devices Sof 2 should never be used inside a structure or vehicle unless deadly force is justified. The desired effect is to disperse an unruly crowd, all police personnel shall insure that an escape route is available for persons to leave the area once the chemical agent has been deployed. Gas masks are available to officers prior to deployment, although the use of (OC) is generally not incapacitating and the deployment is somewhat directionally targeted. The use of a gas mask by police personnel is optional. Chemical Agent Spray Guidelin: Authorized agency personnel may employ only those Chemical Agent Sprays containing Oleoresin Capsicum (O.C. - personal carry) issued by the Department while on-duty and in the scope of their law enforcement duties. O.C. Spray may be used to minimize the potential for injury to officers, citizens, or offenders. O.C. Spray may be used to defend or control aggressive behavior, of to compel compliance to an officer's lawful order when it appears to be reasonable based upon the totality of circumstances known to the officer at the time. O.C. spray is not an insignificant use of force, and officers must be able to articulate and justify its employment on one or more persons based upon the totality of the circumstances known to the officer at the time. O.C. Spray is generally the most effective when employed from four to twelve feet from the subject. Closer employment than this may result in a “washing out” effect where the chemical carrier cannot evaporate, rendering the spray less effective. Officers may employ the O.C. Spray at distances closet than four feet wien it appears to be reasonable to do so given the circumstances known to the officer at the time. Required Training for Use: All personnel authorized to carry O.C. Spray, uniformed and non-uniformed, shall complete the required course of instruction prior to possessing and using the O.C, Spray. Training records documenting the training course content, time, date, and name of instructional staff shall be maintained in the employee’s training file. Carrying of O.C. Spray: Uniformed field personnel who carry 0.C. (MK3, MK4 or MK6) spray are required to camy the O.C. spray device in a holster on the equipment belt when appropriate. Plainclothes and non-field personnel may carry authorized O.C. spray as authorized, consistent with the needs of their assignment or at the direction of their supervisor. Larger canisters (HK9) of aerosol (OC) spray are authorized for individual officer carry. These larger canisters should be carried in a secure location. They are not designed and should not be carried (on person) regularly as duty gear. HIK9"s should only be brought out into public view when the actual or the potential use to defend or control aggressive behavior or to compel compliance to an officer's lawful order is imminentLess-Lethal Devices 6 of 12 ‘Treatment for O.C. Spray Exposure: Persons who have been affected by the use of chemical agents should be advised of the proper decontamination processes to cleanse the affected areas as soon, as is practicable, given the circumstances of the contamination. Officers should advise persons exposed to chemical agents to flush those areas with large amounts of water. Those persons who complain of further severe effects or have symptoms beyond one hour following application should be referred to a medical facility to be examined by medical personnel. They should also be transported to a medical facility ifthey have exhibited signs of extreme uncontrolled (unwarranted) agitation or hyperactivity prior to the exposure. Report of Deployment: Deployment of OC and/or CS gas is a use of force. All instances where the offender’s actions required the officer to employ OC or CS Sprays shall be documented in detail in the related Offense/arrest report, and any other forms as required. Less-Lethal Impact Munitions/Projectiles: Less-lethal munitions includes several types of kinetic energy projectiles, or extended range impact munitions, approved by the Department, that fire from the 12 GAUGE SHOTGUNS or 37MM LAUNCHERS. Less-lethal munitions may be used in an attempt to more safely resolve a potential deadly situation, This Department is committed to reducing the potential for violent confrontations with the offenders ‘we encounter. Less-Lethal Impact Munitions give police an option to remain at a safer distance ——_____ when dealing with violent or suicidal persons who may be a danger to themselves or others around —__ them, Less-lethal force munitions are those items, which when used reasonably, are less likely to result in death or serious physical injury. However, deaths and serious physical injury have been experienced in the past. The use of this type of force is considered to be a significant use of force, and is not fo be employed lightly. Deployment: Less-lethal munitions are justified and may be used to compel an individual to cease his/her actions when such munitions present a reasonable option for resolving the situation. Officers are not required or compelled to use less-lethal munitions in lieu of other reasonable tactics. Examples of circumstances where employment of less-lethal munitions are appropriate and reasonable include, but are not limited to, the following types of situations where the subject exhibits the following behavior: » An offender is armed with a deadly weapon and the tactical circumstances allow for the safe application of less-lethal munitions. > Anoffender who is threatening officers with physical assault and who presents a credible threat of being capable of injuring an officer. > The subject has made credible threats to harm him-/herself or others and is reasonably believed to be armed or is reasonably believed to have the credible means of carrying out that threat.> Less-Lethal Devices Tof 12 Deployment Considerations: ‘When practical, officers should announce over the radio the “LESS LETHAL ON SCENE” this announcement is to inform other officers on scene of its potential use. Officers will bear in mind the manufacturer’ recommendations regarding deployment when using less-lethal munitions, but are not solely restricted to use according to these manufacturer recommendations. Areas such as the head, neck, groin and spine should be avoided when practical. Officers are authorized to use the less-lethal impact munition to any body target for the purposes of immediately stopping a deadly assault. Fach tactical situation must be evaluated based on the totality of circumstances at the time of deployment, The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury or death as posed to the suspect’s threat to the public that the Officer was trying to eliminate. Less-lethal munition projectiles will be delivered to suspect target areas based on the circumstances, the established safety priorities, and the level of force reasonable to conclude incident. When engaging a target, the officer should evaluate the effectiveness of each round placement. Compliance or incapacitation is the desired goal, and alternative target arcas/response should be considered when rounds are not effective. Alternative target arealresponse considerations will be based on the circumstances the officer is encountering and the established department safety priorities. ‘Warnings prior to Deployment: le officers shali-wanr the offender that they Will be shor if the oftendter woes not ———— comply with lawful orders. This waming does not require notification of the offender that he or she will be shot with an impact munitions. Use of impact munitions on the mentally ill: ‘When dealing with a mentally ill subject, officers are encouraged to use the least amount of force necessary to accomplish their lawful objectives. The use of impact munitions on a mentally ill subject who is not sought for criminal activities is generally contraindicated, In these instances, time and tactics and talk are generally effective at concluding an incident without the use of force. However, the uses of impact munitions for defensive purposes are never precluded should the officer perceive a threat to the safety of any person, including the subject, in which it is reasonable to employ impact munitions. Safety Considerations in the Deployment of the Less-Lethal Munitio Generally, this system shall not be deployed in the field without a cover officer utilizing firearms loaded with conventional, Department-issued ammunition, except in circumstances where it is not practicable. The cover officer will be responsible for protecting the officer employing less-lethal munitions from assault that would cause the reasonable officer to be in fear of imminent death or serious bodily injury based on the circumstances at the time,Less-Lethal Devices 8 of 12 Approved Less-Lethal Munitions: Patrol is authorized to use the approved 12 gauge less-lethal munitions. In addition to the 12 gauge munitions, SWAT is authorized to use the approved 37mm less-lethal munitions, ‘Use of Less-Lethal Munitions: A specially marked shotgun, designated for the use of less-lethal 12 gauge munitions, will normally be carried in the trunk of pre-assigned patrol vehicles. Officers assigned to these vehicles will inspect this shotgun at the beginning of each shift to ensure that itis in proper working order. ‘These weapons have not been modified or restricted and are capable of firing conventional ammunition. Only the officer who will be utilizing the weapon will load the shotgun. Anyone who fires the weapon is solely responsible that it was loaded with less-lethal rounds, ‘Transitional Loading Procedures: ‘Absent compelling circumstances, an officer transitioning from conventional ammunition to less- lethal ammunition will employ the ’two-person rule’ for loading the shotgun prior to employing it in a less-lethal situation. The ‘two-person rule” is a safety measure requiring a second officer to monitor the loading of the shotgun with less-lethal munitions. This added layer of safety is to ensure the weapon is completely emptied of conventional ammunition and only less-lethal munitions are Toaded-intorthe Weapon aa ‘Training Required for Deployment: Personnel who have successfully completed an approved departmental training course shall be authorized to use less-lethal munitions. Once they are qualified for the use of Less-lethal munitions, personne! must be re-certified yearly through a Department approved re-certification course. Medical Treatment: The potential for causing death or serious physical injury with such projectiles is a reality. This potential is greatly reduced when impacts to the head and neck are avoided, and when appropriate medical examination is provided in cases where the subject is struck in an area that might conceal a closed injury, including such areas as the chest, back, thoracic and abdominal cavities, and the groin. Persons struck with less-lethal projectiles shall be treated at a designated treatment hospital as soon as practicable afler the incident. Persons should be medically cleared prior to being booked into the jail. Photographs for evidentiary purposes of all areas of the body struck by the projectile(s) will be taken following the initial medical treatment.Less-Lethal Devices a 9 of 12 J Reporting Deployment of Less-Lethal Munitions: All use of less-lethal munitions shall be documented in detail in the officer's Offense Report. The officer shall also report this use of force to their immediate supervisor as soon, as is practicable. A copy of the offense report regarding the use shall be forwarded to the Captain of Patrol, the Chief of Police and to the Lieutenant of the Training Unit. CONDUCTED ELECTRICAL WEAPONS: ‘The use of CONDUCTED ELECTRICAL WEAPONS (CEW: TASERS) is authorized when, based upon the totality of the circumstances perceived by the officer at the time, its employment is reasonable and calculated to result in the compliance of the subject. When reasonable and necessary, officers may use the TASER for self-defense, defense of others, effect an arrest, prevent escape and/or to control a subject. This Department is committed to reducing the potential for violent confrontations and injuries with the offenders we encounter. TASERS when used reasonably are less likely to result in death or serious physical injury during these violent confrontations, However, deaths and serious physical injury have been experienced in the past. The use of this type of force is considered to be a significant use of force, and is not to be employed lightly. Approved Conducted Electrical Weapons: ‘The X26 TASER and the X26P TASER, manufactured by TASER International, are the only hand- held Conducted Electrical Weapons authorized for-use by-a sworn memberofthis Department-“The—— ‘TASER XREP (shotgun round) is approved by SWAT Personnel after successful completion of the user course and certified. Deployment: Conducted Electrical Weapon-TASERs are justified and may be used to compel an individual to cease his/her unlawful actions or dangerous behavior when the device presents a reasonable option for resolving the situation. Officers are not required or compelled to use electronic control devices in lieu of other reasonable tactics. When practicable, officers shall wam the offender that they will be shot if the offender does not comply with lawful orders. Examples of circumstances where employment of Conducted Electrical Weapon-TASER are appropriate and reasonable include, but are not limited to, the following types of situations where the subject exhibits the following behavior: > An offender is armed with a deadly weapon and the tactical circumstances allow for the safe application of Conducted Electrical Weapons. > An offender who is threatening officers with physical assault and who presents a credible threat of being capable of injuring an officer. > The subjecthas made credible threats to harm him/herself or others and is reasonably believed to be armed or is reasonably believed to have the credible means of carrying out that threat.Less-Lethal Devices 10 of 12 Deployment Considerations: Officers will bear in mind the manufacturer’ recommendations regarding deployment when using Conducted Electrical Weapon-TASER, but are not solely restricted to use according to these ‘manufacturer recommendations. Each tactical situation must be evaluated based on the totality of circumstances at the time of deployment. The Department realizes that officers are forced to make split second decisions in tense, uncertain and rapidly evolving situations. Therefore it is understandable that officers may have to use the TASER outside of these recommendations to accomplish the legitimate law enforcement purpose and are authorized to do so in accordance with the Use of Force Policy. ‘The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury or death. Conducted Electrical Weapon-TASER will be employed ona suspect based on the circumstances, the established safety priorities, and the level of force reasonable to conclude incident. Generally, only one completed CEW circuit may be intentionally used on a subject unless; neuromuscular incapacitation is not achieved; the subject is reasonably perceived to continue to be an immediate threat of serious injury; the use of deadly force may be reasonably be avoided or; other circumstances justify the simultaneous multiple completed circuits. Lower center mass of the front of the body and particularly the center mass of the back and thigh area should be considered the primary target areas. Attempts to avoid hitting the subject in sensitive tissue areas such as the head, face, neck, groin and female breast area should be taken when possible, ‘When the use of TASER is reasonable, Officers shall avoid extended or repeated applications where practicable. Officers should only apply the number of cycles reasonably necessary to safely restrain a noncompliant or combative subject. If circumstances require extended duration or repeated discharges, the operator should take care to observe the breathing patterns of the subject. Any person who has been energized more than 3 times or subjected to a cycle longer than 15 seconds, shall be transported to a medical facility as soon as it is reasonable for examination. They should also be transported to a medical facility if they have exhibited signs of extreme uncontrolled (unwarranted) agitation or hyperactivity prior to the exposure. ‘Use of CONDUCTED ELECTRICAL WEAPONS (CEW: TASERS) on the mentally ill: ‘When dealing with a mentally ill subject, officers are encouraged to use extra discretion in the amount of force necessary to accomplish their lawful objectives. The use of a Conducted Electrical Weapon-TASER on a mentally ill subject who is not sought for criminal activities is generally inadvisable. In these instances, time, talk and tactics are generally effective at concluding an incident with the use of minimal force. However, the use of a TASER for defensive purposes is never precluded should the officer’s reasonable perception of an actual threat to the safety of any person, including the subject, be observed.Less-Lethal Devices 1 of 12 Post Deployment: Removal of Probes: TASER probes shall be removed as soon as it is reasonable to do so. Sworn personnel that are certified in the use of the TASER may remove TASER probes that are imbedded in a subject's skin and clothing. Probes that are imbedded in a sensitive area as listed above shall only be removed by qualified medical personnel. As soon as it is reasonable, subjects that have been exposed to an application ofa TASER shall be examined by hospital medical personnel, This examination will be conducted to determine whether the subject has suffered any injury directly or indirectly from an exposure to the TASER, such as by falling or from probes that were imbedded in the skin. Trained medical personnel include medical staff at a health care facility. Subjects struck with the TASER XREP will have the probes removed by trained personnel at a medical facility where they will be examined as the cycle is 20 seconds on the XREP. Documentation: Whenever a TASER is fired, whether the person is struck or not, all facts shall be recorded on a ‘TASER CEW (Conducted Electrical Weapon) USE REPORT and will be documented in detail in the officer’s offense report, These reports will include the location of the dart impacts, drive stuns, duration of cycle(s), serial number of the cartridge and identifying the TASER used. A copy of these ———1eports-will-be-forwarded-to-the Office of the-Chief-of Poliee-and-to-the-Fraining-Unit-forreview-——— All probes that have been fired at another human being will be gathered for evidence, as will any expended wire and cartridges. These items shall be tagged as evidence. The same care and handling used with sharp objects or contaminated needles will be used when packaging the probes as evidence. All injuries; probe impacts, resistance or from a fall shall be photographed. A Supervisor on shift will be notified as soon as it is reasonable to do so, that a TASER has been deployed. The Supervisor shall ensure that all policies and procedures outlined in this document are followed. ‘Training Considerations: Officers are authorized to carry/use the TASER after they are certified through the Department on TASER guidelines. After they are certified, officers will review and be re-certified yearly on all less lethal weapon guidelines. The Department realizes that officers are forced to make split second decisions in tense, uncertain and rapidly evolving situations, Therefore it is understandable that officers may have to use the TASER to accomplish the legitimate law enforcement purpose and are authorized to do so in accordance with the Use of Force Policy.Less-Lethal Devices 12 of 12 Equipment Care, Handling and Issue: A Supervisor at the beginning of each shift will assign TASERS to certified Patrol Officers. The officer's name, identifying number of the TASER, and the date and time will be recorded in the TASER logbook. TASERS will be retumed prior to the start of the next shift. It will be the responsibility of the Officer who is assigned a TASER to ensure that itis retuned ina timely manner and that it is returned to a supervisor. The supervisor will verify identifying numbers and record the retum in the logbook. Any TASER that is assigned to personnel not in the Patrol Division will be the responsibility of that division supervisor. The same information will be recorded as listed above. Each Officer (when requested) has been assigned two TASER XP 25ft (green) cartridges, Officers are responsible for these cartridges and are required to submit an incident report to the Training Unit when any of these cartridges are removed from service, ‘When issued a TASER, the officer will inspect it for damage and cleanliness. The battery display will be checked when itis issued. A reading of 20% or less will require that the supervisor change the battery pack. The battery pack with the low reading will be forwarded to the Training Unit for use by that division, The only time battery packs will be removed from the TASER by personnel other than instructors in the Training Unit is when the reading is low and another battery is available for replacement, Any TASER not in use will be stored in the secured closet in the roll call room area. All Officers that are issued a TASER will conduct a daily spark test as taught in training to ensure proper function. This wilt be competed inra safe area. Iris conducted by removing the cartridge, test firing the weapon and observing the electrical arc. Officers will carry the TASER in a ‘TASER’ style retention holster, The holster will be worn on the opposite side of the duty issued firearm, cross draw position is optional. TASER Accountability: Instructors in the Training Unit will conduct a data download on all TASERS annually. Any ‘TASERS that are found to be in need of repair or that may be defective shall be tumed over to the ‘Training Unit for service. Supervisors shall notify the Training Unit wien they see the reserve supply of batteries in need of being replenished,