LAKELAND POLICE DEPARTMENT GENERAL ORDER

G.O. 16-7

LESS-LETHAL WEAPONS
ORIGINAL ISSUE: 12/01/2011 AMENDED: 08/08/2012 CN 2012-007a ACCREDITATION STANDARDS: ASSOCIATED GENERAL ORDERS: RESCINDS: REPORTING: CALEA CFA 23-7 1.2.2, 1.3.4, 1.3.5, 1.3.9, 1.3.10, 1.3.11, 1.3.12, 17.5.1 NONE 04/25/2012 CN 2012-005

PURPOSE: The purpose of this directive is to establish requirements for the use of department approved less-lethal weapons and applies to members authorized to carry and use department approved less-lethal weapons in the performance of their official duties. This directive applies to all members authorized to carry less-lethal weapons in the performance of their official duties. [CALEA 1.3.4] POLICY: It is the policy of the Lakeland Police Department to strictly regulate the use of less-lethal weapons. DEFINITIONS: Active Physical Resistance the exhibition or use of evasive movements directed toward an authorized member which reasonably indicates that the subject is likely to physically oppose their attempt to gain control or compliance. This may include, but is not limited to, bracing or tensing, attempting to push/pull away, clenching of fists, taking a fighting stance, or other body language indicators of not allowing the member to get close to them. Deployment - Any activation of the ECW in either the drive-stun or probe firing mode other than training or testing. Less-Lethal Force - Type of force that is not likely to cause death or great bodily harm. Less-Lethal Weapons - Those weapons which, when used within their design limitations, and for their intended purpose, may not reasonably be expected to cause death or great bodily harm. Warning Arc the display of an arc on the fully loaded Taser Model X3 as an attempt to gain voluntary compliance of the subject without actually deploying the probes. RULES AND PROCEDURES: 16-7.1 AUTHORITY TO CARRY AND USE LESS-LETHAL WEAPONS
[CALEA 1.2.2, 1.3.4, 1.3.9]

A.

Sworn members are authorized by the Chief of Police to carry and/or utilize lesslethal weapons and munitions in the performance of their duties.

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Less-Lethal Weapons

B.

Public Safety Aides are authorized by the Chief of Police to use department approved aerosol deterrent in the performance of their duties as a means of self-defense or when necessary to prevent injury to another person. With the exception of authorized Public Safety Aides, non-sworn department members are not permitted to carry and use less-lethal weapons in the performance of duty.

C.

16-7.2 AUTHORIZATION REQUIREMENTS A. Only members who demonstrate proficiency in the use of a particular department approved less-lethal weapon are authorized to carry the respective less-lethal weapon. [CALEA 1.3.10] Sworn members and Public Safety Aides shall be issued copies of, and instructed in, the departments Use of Force Policy before being authorized to carry a department approved less-lethal weapon. The issuance and instruction shall be documented by General Services Section personnel. [CALEA 1.3.11]

B.

16-7.3 AUTHORIZED LESS-LETHAL WEAPONS [CALEA 1.3.4, 1.3.9] A. B. Members shall only use department approved less-lethal weapons they are authorized to carry in the performance of their duty. Department approved less-lethal weapons include: 1. 2. 3. 4. C. Aerosol deterrent Electronic Control Weapon Expandable baton Specialty Impact Weapon and Munitions

Sworn members assigned to the Special Weapons and Tactics Team (SWAT) are authorized by the Chief of Police, to carry and use additional less-lethal weapons and munitions in the performance of their duties. The General Services Section will maintain a current list of the types and specifications of all less-lethal weapons and munitions approved for use by authorized members in the performance of their duties. The list shall be available to Department personnel. [CALEA 1.3.9 a] The Special Operations Section will maintain a current list of the types and specifications of all specialty less-lethal weapons and munitions approved for use by authorized members assigned to the SWAT team. [CALEA 1.3.9 a]

D.

E.

16-7.4 TRAINING AND PROFICIENCY [CALEA 1.3.11] A. Members authorized to carry a less-lethal weapon in the performance of their duties, are required to receive annual in-service training on the departments use of force

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Less-Lethal Weapons

policies. In-service training will include, but is not limited to the following topics: 1. 2. 3. B. Department policy and procedures on less-lethal weapons and the use of force. Legal and ethical aspects. Safe handling procedures.

Members authorized to carry a department approved Electronic Control Weapon (ECW) will demonstrate proficiency at least once, annually. Members authorized to carry a department approved aerosol deterrent, impact weapon, or specialty impact munitions weapon will demonstrate proficiency at least once, every two years (biennially) with each weapon they are authorized to use. All less-lethal weapon proficiency training will be monitored by a certified CJSTC instructor and documented by personnel assigned to the General Services Section.
[CALEA 1.3.11 a, b]

C.

D.

Members who are unable to demonstrate proficiency with any less-lethal weapon issued to them will complete remedial training, and are no longer authorized to carry the weapon until such time as proficiency is demonstrated and documented. [CALEA
1.3.11 c]

16-7.5 GENERAL PROVISIONS A. When feasible, members authorized to use less-lethal weapons, should carefully evaluate conditions and factors they believe, or should believe, may increase a secondary action (i.e. injury from a fall) prior to the use of the weapon. Less-lethal weapons will not be utilized to obtain narcotics or other foreign objects from a subject suspected of ingesting/inserting these items into a body cavity or swallowing them. In such cases, the member will obtain medical attention for the subject. Members shall not exhibit any department approved less-lethal weapon as an intimidation device unless in the attempt to prevent further escalation of resistance by a subject.

B.

C.

16-7.6 INSPECTION A. All less-lethal weapons will be inspected by a qualified instructor/armorer to ensure the weapon is safe, functional and operational before use. The inspection will occur during the period recommended by the weapons manufacturer and/or during the required certification and re-certification training sessions. [CALEA 1.3.9 c] All less-lethal weapons that are defective, expired, or otherwise determined to be unsafe shall be removed from service by the qualified instructor/armorer, who will notify the OIC of the General Services Section. [CALEA 1.3.9 d] The OIC of the General Services Section or designee will make arrangements to issue the member a safe, functional and operational less-lethal weapon as a replacement.
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B.

C.

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Lakeland Police Department General Order 16-7

Less-Lethal Weapons

16-7.7 RECORDS AND INVENTORY The General Services Section (GSS) will maintain a complete inventory record of all department approved less-lethal weapons for official use by an authorized sworn member, to include those specialty weapons assigned to members of the departments tactical team (SWAT) or other personnel authorized by the Chief of Police. [CALEA 17.5.1] 16-7.8 EXPANDABLE BATON [CALEA 1.2.2, 1.3.4, 1.3.5, 1.3.9] A. B. The department approved impact weapon for carry and use in the performance of duty is the expandable baton. [CALEA 1.2.2, 1.3.9 a] An expandable baton may be used: [CALEA 1.3.4] 1. 2. C. When verbal dialogue has failed to bring about a subjects compliance. As a control device when directing, controlling persons. or escorting uncooperative

An expandable baton shall not be used to intentionally strike any person in the head, spine, neck, kidney or groin area unless circumstances would justify the use of lethal force. The expandable baton shall be carried in a proper receptacle or in a low profile position when not in use. No changes, alterations, modifications or substitutions shall be made to the expandable baton. Procedures for Medical Evaluation and Care [CALEA 1.3.5] 1. Members shall begin medical observation and evaluation of individuals as soon as practical following any use of force action. Members will render aid and/or request emergency medical services for all subjects who complain of injury, or show signs of injury as a result of any use of force action. Subjects that complain of injury or show signs of injury will be transported to the nearest medical facility for evaluation and treatment.

D.

E.

2.

16-7.9 AEROSOL DETERRENT [CALEA 1.2.2, 1.3.4, 1.3.5, 1.3.9] A. Only the aerosol deterrent meeting department specifications, approved and issued by the department may be used by authorized members in the performance of their duties. [CALEA 1.3.9 a] OC spray may be used when verbal dialogue has failed to bring about a subjects compliance. Whenever practical and reasonable, personnel should issue a verbal warning prior to using OC spray on a person. [CALEA 1.3.4] All aerosol deterrent canisters shall be carried in a proper receptacle when not in use. No changes, alterations, modifications or substitutions shall be made to the aerosol deterrent.

B.

C.

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Less-Lethal Weapons

D.

Procedures for Medical Evaluation and Care [CALEA 1.3.5] 1. Members shall assist in the following decontamination/recover process of a subject exposed to an aerosol deterrent: a. b. c. 2. Remove the subject from the area of exposure when possible. Allow the subject access to fresh air (ventilation) Rinse the subjects eyes/skin with cool water (if available)

Member shall continue to observe the subject until they are released to other medical personnel or other law enforcement personnel.

16-7.10 BEAN BAG ROUNDS [CALEA 1.2.2, 1.3.4] A. The department approved specialty impact munitions weapon is a Remington 870 pump shotgun, which is specifically designed and used to deploy bean-bag rounds. The shotgun will have an orange stock that clearly identifies it as a less-lethal weapon. [CALEA 1.2.2, 1.3.9 a] Unless otherwise authorized by the Chief of Police, the Bean Bag round is the only department approved less-lethal munitions. The Chief of Police may authorize members assigned to the departments SWAT team to use additional types of specialty impact munitions. [CALEA 1.3.9 b] Sworn members assigned a shotgun for bean bag deployment will carry the weapon at full capacity, no round in the chamber and the safety in the ON position. The designated specialty impact weapon will be kept secured in the officers assigned vehicle in a manner that will not damage the weapon. [CALEA 1.3.9 f] Bean Bag rounds may be used: [CALEA 1.3.4] 1. 2. 3. E. F. As a method of controlling violent subjects where other verbal and physical force alternatives have been or would be ineffective or inappropriate. Where authorized members would be potentially exposed to imminent death or great bodily harm if they were to attempt to overpower a violent person. When the discharge of a specialty impact munitions may be the only alternative to lethal force.

B.

C.

D.

Intentional strikes to the head, neck, and genital area are not permitted unless under circumstances that would justify the use of lethal force. Multiple sworn members should be on-scene during the deployment of a specialty impact weapon to ensure that alternative response options are available in the event the need for force escalates and the use of lethal force is necessary.

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G.

Whenever the discharge of a bean-bag round is anticipated, other law enforcement personnel should be forewarned to prevent premature lethal fire. The standard warning to other personnel is "BEAN BAG." Discharging a bean bag round from a known distance that is less than the minimum incapacitation range is not permitted unless the use of lethal force is believed to be reasonably necessary. Subjects struck by a bean bag round will be transported to the nearest hospital or treatment facility for medical evaluation. [CALEA 1.3.5]

H.

I.

16-7.11 ELECTRONIC CONTROL WEAPON A. The department approved electronic control weapons are the issued TASER X3 and X26 models. Members shall not carry a personally owned ECW while on-duty. [CALEA
1.2.2, 1.3.9 a]

1. 2.

All ECWs shall be tested prior to the beginning of the members tour of duty. All ECWs will be carried in the department issued holster on the side opposite of the officers firearm in a cross draw manner with the retaining strap secured across the top. The data port on the ECW stores the time and date the ECW was fired. At time of issue, and annually thereafter, the information from the data port will be downloaded and stored by either the General Services Section or assigned sworn member.

3.

B.

Section 943.1717, Florida Statutes, specifically addresses the use of dart-firing stun guns (ECW) and limits the use to an arrest or custodial situation during which the person who is the subject of the arrest or custody escalates resistance to the officer to active physical resistance and the person: 1. 2. Has the apparent ability to physically threaten the officer or others; or Is preparing or attempting to flee or escape.

C.

An authorized sworn member may use an ECW: [CALEA 1.3.4] 1. 2. 3. 4. To gain compliance of a resistant or aggressive subject in arrest or other law enforcement situations. To control dangerous or violent subjects when lethal force does not appear to be justified and/or necessary. When attempts to subdue a subject through other response options have been or will most likely be ineffective in the situation. When there is a reasonable belief that it will be unsafe for officers to approach within contact range of the suspect.

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Less-Lethal Weapons

5. 6. 7. 8.

To prevent the commission of suicide or self-inflicted physical injury. To subdue an aggressive animal that the member reasonably believes is an imminent threat to their safety or the safety of another individual. To subdue a subject in custody who becomes physically violent while secured in a police vehicle or facility. To exhibit the arc warning or painting the subject with its laser in an attempt to gain compliance of the subject where resistance, assault, and/or violence is reasonably anticipated.

D.

Absent exigent circumstances, an ECW shall not be used on any subject who: 1. 2. 3. 4. 5. 6. May receive a secondary injury that results from a fall from its use. Is in the presence of an environment known by the officer to be flammable or explosive Is reasonably believed to be pregnant based upon physical appearance Appears to be under 80 pounds by physical size and stature Is visibly frail or infirm Is operating a motor vehicle, motorcycle, bicycle or similar conveyance while it is in motion.

E.

When using the ECW as a response option, authorized members will: 1. 2. Take special care to avoid hitting a subject with ECW probes in sensitive tissue areas such as the head, face, neck, groin, or female breast area. Give or attempt to give a verbal warning to the subject of their imminent use of the weapon, prior to deployment, except when such warning would compromise the safety of any individual. Use the ECW in the manner in which they were trained. The number and duration of cycles shall be limited to the minimum activations reasonably necessary to place a subject into custody.

3.

F.

ECW Probe Removal [CALEA 1.3.5] 1. 2. 3. 4. ECW probes will be removed at the earliest opportunity. Only a certified ECW operator or medical personnel shall remove the probes. ECW probes that strike a persons body shall be considered a biological hazard. Sworn members shall visually examine the probe after removal to ensure that it has been entirely removed.

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G.

Medical Evaluation and Care [CALEA 1.3.5] 1. 2. 3. Sworn members shall visually examine the area struck to determine if an injury was sustained. ECW probes that have struck the face, groin or female breasts shall only be removed by medical personnel. Subjects who required more than three ECW applications while being taken into custody will be transported to the nearest hospital or treatment facility for medical evaluation. Emergency medical personnel should be notified when the subject is displaying symptoms of excited delirium, prior to ECW deployment if possible.

4.

16-7.12 GENERAL MAINTENANCE, HANDLING AND PROPER CARE A. Sworn members are responsible for the cleaning, preventative maintenance, and proper care of all assigned department less-lethal weapons. Any observed or suspected malfunction will be promptly reported to the members supervisor, a certified CJSTC weapons instructor or a certified department armorer, if applicable. Members shall not store, maintain, carry or use any department approved less-lethal weapon in a manner that results in an unintentional discharge. Members shall not use any department approved less-lethal weapon in a careless or imprudent manner.
[CALEA 1.3.9 f]

B.

16-7.13 SPECIALTY LESS-LETHAL AND MUNITIONS WEAPONS [CALEA 1.3.9 a, b] A. Only those sworn members assigned to the Specialty Weapons and Tactical Team (SWAT) are authorized to use specialty less-lethal weapons and munitions after demonstrating proficiency. These may be used in addition to other agency approved less-lethal weapons authorized for sworn patrol members as listed in this general order. These include the following: 1. 2. 3. B. 37 mm less-lethal munitions 40 mm less-lethal munitions Hand held canisters/devices for chemical deployment

Types and specifications for all authorized specialty less-lethal weapons assigned to the SWAT team are listed in their Weapons and Ammunition manual. BY ORDER OF:

LISA WOMACK CHIEF OF POLICE

Effective Date: 08/08/2012

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