12.2 Auxiliary Police Weapons

Centreville Police Department Title: Auxiliary Police Weapons Directive #: 12.2 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.

Chief of Police A. Introduction It is the policy of the Centreville Police Department to employ the minimum amount of force necessary to affect an arrest and overcome any resistance offered. To that end, the CPD has issued a variety of auxiliary police weapons, other than firearms, to sworn personnel of the department that may be used, at the officer’s discretion, to accomplish that mission consistent with their training and the use of force policy as outlined

elsewhere in CPD Policy.

B. Disapproved Weapons

1. Non-issue defensive weapons such as slapsticks, slapjacks, blackjacks, sap gloves, etc.

are prohibited.

2. Personally-owned electronic defense weapons (stun guns) of any variety are prohibited.

C. Expandable Baton

1. All departmental personnel holding the rank of Lieutenant and below will, upon successful

completion of the appropriate training, be issued and carry an expandable baton.

2. Expandable Baton’s will not be used by personnel who have not successfully completed the

required basic course and passed the written and proficiency tests or by personnel whose certification has expired.

3. Expandable Baton’s will only be used when necessary and then only in accordance with all

procedures instructed in the basic and recertification courses as provided by the Department.

4. Expandable Baton’s shall be carried by authorized users on the issued duty belt. The baton may

be placed on the duty belt in the most comfortable and convenient location for the wearer.

5. Personnel will be recertified as required by the Maryland Police Training Commission in the

proper procedures for the expandable baton.

Page 1 of 8 E. Oleoresin Capsicum (OC) Spray Agent OC is not a chemical agent, but an inflammatory agent found naturally in cayenne peppers. When sprayed into the face of a violent or uncooperative subject, the results may include immediate swelling and closing of the eyes, uncontrollable coughing, gagging and gasping of breath. The effects may produce such discomfort that the individual loses coordination and upper body motor control, thereby reducing

any further aggressive behavior.

1. Use of OC Spray Agent

a. The OC Spray agent is considered a low level control and restrain technique that, when applied to the department’s use of force continuum, can be utilized whenever an officer is confronted with resistance.

b. The OC Spray Agent may be used at an officer’s discretion for incidents as follows:

(1) To defend himself or others

(2) To affect an arrest

(3) To prevent the commission of a crime

(4) When lower levels of force are deemed ineffective

(5) To gain compliance of someone offering more than passive resistance

2. After each use, the OC Spray canister will be replaced with a full canister by the Agency Armorer.

The Chief will retain an ample supply of OC canisters for replacement and all used canisters will be returned directly to the Chief.

3. After using the OC spray agent and the officer deems the situation to be de-escalated and under

control, the persons that was sprayed with the OC agent, shall be officers will adhere to the decontamination procedures directed by the department.

F. Electronic Control Device (ECD)

1. Introduction

These guidelines have been developed by the Maryland Chiefs of Police Association and the Maryland Sheriffs’ Association to provide assistance to law enforcement agencies in developing training and deployment policies for the use of Electronic Control Devices (ECD), and to encourage the standardization of police practices. These guidelines are to be used in conjunction with the agencies’ Use of Force policies. These guidelines recognize the balance required of

officers who are charged with serving and protecting the public while at the same time ensuring Page 2 of 8 officer safety. The goal is that officers use the ECD appropriately as a means of reasonable force to accomplish lawful tasks.

2. Definitions

Electronic Control Device (ECD):

A non-lethal device that emits an electrical energy charge that causes electro-muscular disruption that affects the sensory and motor functions of the central nervous system.

Probe Mode:

Firing two (2) probes from a disposable cartridge which releases electrical discharge pulses to the body.

Drive Stun Mode:

Applying the ECD directly onto the body.

Non-Lethal Force:

Force that is not intended, nor reasonably likely to, result in death or serious physical injury.

Display:

To un-holster the ECD without pointing the device.

Deployment:

Pointing the device at a target; may or may not include the display of the laser sight.

Discharge:

The firing of the device with the intent to deliver an electrical energy charge via the probes or a drive stun.

Active Resistance:

Where an individual is displaying physically evasive movements, or verbal communications or other behaviors intended to defeat the officer’s attempt to arrest or gain control. Physically evasive movements, verbal communications or other behaviors may include, but are not limited to: physically bracing, twisting, pulling, holding onto objects, fighting words or assuming a stance reasonably perceived by an officer to be a

“fighting stance.” Active Aggression:

A threat or overt act, hostile, or attacking movement by an individual, coupled with the present ability to carry out the threat or assault and where a reasonable officer would believe the threat or assault may cause injury to the officer or other individuals. This aggression may include but is not limited to: punching, kicking, biting or pushing.

Passive Resistance:

Where an individual is not actively resisting or being physically or verbally aggressive, however the individual is not complying with the orders of the officer. Examples include but are not limited to: individuals involved in non-aggressive civil disobediences or disturbances and those persons whose behavior is not likely to inflict injury on the officer or other persons.

Imminent Threat of Physical Injury:

Page 3 of 8 The physical or verbal act by an individual which is reasonably perceived by an officer to indicate intent and a present ability to inflict an imminent injury on the officer, another person, or the individual.

Excited Delirium:

State of extreme mental and physiological excitement, characterized by behaviors and symptoms such as extreme agitation, elevated body temperature (hyperthermia), watering eyes (epiphoria), hostility, exceptional strength, and endurance without fatigue.

Anti-Felon Identification Tags (AFID):

Identification tags dispersed from a cartridge when it is fired, printed with serial numbers of the cartridge, to help determine who fired which cartridge and where it was fired from.

3. Training

a. Only officers who have received the appropriate training as required by the Maryland Police Training Commission (MPTC) and are authorized by their agencies may carry or deploy an ECD. Only certified instructors will provide the required training and all recertification will occur as required by MPTC.

b. Officers should receive training that includes identifying certain situations that could increase the likelihood of injury to an individual if the ECD is discharged. Some of these situations may include discharging the ECD:

(1). At a fleeing individual who may fall and be injured;

(2). At an individual on an elevated structure who may fall and be seriously injured;

(3). At an individual operating a vehicle or machinery that may lose control of the vehicle or machinery;

(4). At an individual who is physically restrained or handcuffed;

(5). At an individual in water who could possibly drown; and (6). At an individual located in an environment where combustible vapors and liquids, or other flammable substances are present.

c. Officers should receive training that includes identifying certain physical conditions which potentially could increase the likelihood of injury to the individual if the ECD is discharged.

These conditions may include discharging the ECD on the following individuals:

(1). Elderly individuals or children;

(2). Frail individuals;

(3). Pregnant women;

(4). Mentally disturbed individuals; and (5). Individuals under the influence of drugs.

d. With regard to the use of force, officers should receive training that includes current medical information on the physical and psychological conditions (such as excited delirium syndrome) that may significantly influence the officer’s decision on whether it is reasonable to use force that includes the use of the ECD.

e. Officers may consider deploying an ECD when confronted with aggressive animal Page 4 of 8 attacks.

4. Wear and Carry/Care and Maintenance:

a. The carrying and use of the ECD is optional, however, only personnel that have successfully completed all required and mandated training in the use of the ECD are authorized to carry and use them.

b. Only ECD’s that are issued by the CPD are to be carried by sworn personnel.

c. Officers wearing a ECD will carry it in the holster on the issued sam browne duty belt on the side opposite the issued handgun.

d. The ECD, when not being worn by the officer, should be stored in the designated Holster and transported in a safe and secure manner. When not in the possession of the officer, the ECD should be stored in a secure location. When stored in the officer’s residence, the cartridge should be removed from the ECD and secured out of the reach of children and other individuals.

e. Only authorized individuals may make any adjustments to the ECD or its holster.

Officers will wear the holster and carry the ECD in accordance with Agency policy.

f. Officers should perform a spark test and inspect the ECD on a daily basis to ensure proper functioning and to ensure that the device is free of dirt and other debris that may affect its reliability.

g. Taser cartridges will be replaced before their expiration date.

h. Extra Taser cartridges will not be carried in pockets due to the risk of static electricity causing unintentional discharges.

5. Discharge:

a. The ECD is considered a low-level control and restraint technique that, when applied to the CPD use of force continuum, may be utilized whenever an officer is confronted with resistance.

b. The ECD may be used in situations when verbal dialogue and other lower levels of force have failed to bring about the subjects compliance, or when other means are not viable due to existing circumstances, and the subject indicates the intention to actively resist the officer’s efforts to place him into custody.

c. The most frequently utilized mode of an ECD is the Probe Mode since the Probe Mode is designed for incapacitation of an individual from a distance and may negate officer individual physical contact.

d. The Drive Stun Mode is the option employed when the officer is in physical contact with the individual and is used as a pain compliance mechanism similar to pressure point and arm bar conformance techniques.

Page 5 of 8 e. Any use of the ECD shall be in conformance with the Agency’s Use of Force policies.

f. When an officer is faced with situations involving less than active aggression, but encounter active resistance, the officer may discharge the ECD when he has a reasonable belief, based upon articulable facts, that it may be unsafe or present a tactical disadvantage to the officer to attempt to physically engage the individual. Factors to consider may include the severity of the offense, the threat of harm to the officer or others, whether the individual

is resistant, fleeing or failing to obey lawful orders, and whether alternative means of restraint are available.

g. Officers may use an ECD when confronted with active aggression and when confronted with individuals who may cause physical harm to themselves.

h. Officers shall not discharge an ECD in response to passive resistance as defined by these guidelines.

i. Prior to the deployment of the ECD, officers should, when feasible, announce to the individual and other officers, that the ECD is about to be deployed. This announcement will alert the non-deploying officers that the ECD is being discharged and to potentially minimize any confusion that the sound associated with the discharge is not a firearms discharge.

j. After a discharge, officers should reassess the situation and evaluate whether additional discharges are necessary. Any force used must be objectively reasonable under the circumstances in order to gain control over or arrest an individual. Where practical, no more than one ECD should actively deliver an electrical charge against an individual at one time.

k. When possible, officers should target the lower center mass (below chest) for front shots and below the neck area for back shots and not target the individual’s groin, neck, face, hands, feet, upper chest, or anywhere on the head with the ECD.

l. The Drive Stun Mode may be considered when use of the Probe Mode deployment is not practical. Multiple applications are discouraged and use should cease once the suspect complies. The following factors should be considered before using the ECD in the Drive Stun Mode:

(1). The Drive Stun Mode is used primarily as a pain compliance tool; and (2). The Drive Stun Mode alone does not inhibit the central nervous system of the individual and therefore may be less effective when compared to the Probe Mode discharge.

m. The use of an ECD in any manner for the purpose of punishing an individual is strictly prohibited.

6. Medical Care

a. Individuals who have been subjected to a discharge from an ECD should be restrained in a manner and position that does not interfere with their breathing.

Page 6 of 8 b. Individuals who have been subjected to a discharge from an ECD will be evaluated by an onscene officer who will perform a basic assessment of the individual’s physical condition to determine whether advanced medical care is necessary. If there is any reasonable concern that the individual may be suffering from a serious or potentially life-threatening medical condition, advanced medical support will be alerted and requested to immediately respond.

c. The decision to remove the electrical probes from the individual should be determined by Agency policy after consultation with the appropriate Medical Services Provider.

Consideration should be given to the fact that the probes are sharp and may be contaminated by body fluids. The removal of the electrical probes should be treated accordingly to reduce the risk of injury and disease.

d. Whenever an individual has been subjected to a discharge from an ECD, the arresting officer will notify the transporting officer who will notify the jail or detention center personnel that the individual has received a discharge from an ECD. An individual receiving a discharge from an ECD will be monitored in accordance with Agency policy.

7. Reporting Procedures

a. Incidents where officers merely display or deploy the ECD will not require a formal report.

However, whenever there is any discharge of the ECD for any purpose, a use of force report shall be submitted.

b. In every case where an officer discharges the ECD and where the individual receives an electrical charge, the officer or the officer’s supervisor, will ensure that the following information is collected and submitted:

(1). A report describing the circumstances of the discharge and the name of the individual(s), and officers(s) involved as well as any witnesses. At aminimum, the report should incorporate the date, time, and location of the incident, descriptive information about the individual, including whether the individual possessed any weapons, the type of crime or incident in which the individual was involved, the type of clothing worn by the individual,

ECD and cartridge(s) serial numbers, the number of ECD cycles and durations of each cycle if this can be determined;

(2). Brief description of medical care provided;

(3). Photographs of the scene and gathering of physical evidence when appropriate;

(4). Photographs of any injuries to the officer(s) and individual(s);

(5). Documentation related to data downloads of the ECD; and (6). Radio transcripts when appropriate.

c. Whenever practical, a supervisor should respond to the scene when an individual has been subjected to an electrical charge from an ECD. The supervisor should ensure that all aspects of the ECD protocol and policy have been followed.

d. Additionally, supervisors should ensure that the ECD cartridge, wire leads, darts, and the antifelon identification (AFID) tags are collected and placed in Property-Evidence Records as evidence. This evidence shall be maintained for a period of at least thirty-six (36) months.

e. If serious injury or death results from the ECD discharge, the ECD must be examined Page 7 of 8 by trained personnel to determine whether the device was functioning properly. The ECD will be placed in Property-Evidence Records as evidence and maintained for a minimum of thirtysix (36) months.

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