Full Text
Policy 308 Anaheim Police Department Policy Manual Control Devices and Techniques 308.1 PURPOSE AND SCOPE This policy provides guidelines for the use and maintenance of control devices that are described in this policy. 308.2 POLICY In order to control subjects who are violent or who demonstrate the intent to be violent, the Anaheim Police Department authorizes officers to use control devices in accordance with the guidelines in this policy and the Use of Force Policy. 308.3 ISSUANCE AND CARRYING CONTROL DEVICES Control devices described in this policy may be carried and used by members of this department only if the device has been issued by the Department or approved by the Chief of Police or the authorized designee. Only officers who have successfully completed department-approved training in the use of any control device are authorized to carry and use the device. Control devices may be used when a decision has been made to restrain or arrest a subject who is violent or who demonstrates the intent to be violent, and the use of the device appears reasonable under the circumstances. 308.4 RESPONSIBILITIES 308.4.1 WATCH COMMANDER RESPONSIBILITIES The Watch Commander may authorize the use of a control device by selected personnel or members of specialized units who have successfully completed the required training. 308.4.2 RANGEMASTER RESPONSIBILITIES The Rangemaster shall control the inventory and issuance of all control devices and shall ensure that all damaged, inoperative, outdated or expended control devices or munitions are properly disposed of, repaired or replaced. Every control device will be periodically inspected by the Rangemaster or the designated instructor for a particular control device. The inspection shall be documented. 308.4.3 USER RESPONSIBILITIES All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices. Any damaged, inoperative, outdated or expended control devices or munitions, along with documentation explaining the cause of the damage, shall be returned to the Rangemaster for disposition. Damage to City property forms shall also be prepared and forwarded through the chain of command, when appropriate, explaining the cause of damage. Control Devices and Techniques - 55 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC ---PAGE BREAK--- Anaheim Police Department Policy Manual Control Devices and Techniques 308.5 BATON GUIDELINES The baton (straight, side handle, or collapsible) and Orcutt Police Nunchaku is authorized for use when, based upon the circumstances perceived by the officer, such force reasonably appears justified and necessary to result in the safe control of the suspect. The need to immediately control a suspect must be weighed against the risk of causing serious injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the equipment belt. Plainclothes and non-field personnel may carry the baton as authorized and in accordance with the needs of their assignment or at the direction of their supervisor. Officers, while in uniform and in an enforcement capacity, shall carry at least one of the Department's authorized defensive impact weapons on their duty belt. 308.6 TEAR GAS GUIDELINES Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Watch Commander, Incident Commander or Tactical Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation if needed. 308.7 PEPPER SPRAY (OLEORESIN CAPSICUM (OC)) GUIDELINES 308.7.1 PEPPER SPRAY - CARRY AND USE Sworn uniformed personnel carrying Pepper Spray (Oleoresin Capsicum or shall carry the delivery device in its specifically designed holster on the equipment belt. Plainclothes and non-field personnel may carry Pepper Spray as authorized, in accordance with the needs of their assignment or at the direction of their supervisor. Designated permanent and part time employees working in the below listed job titles are authorized to carry and use Pepper spray as a self-defense measure while on duty, provided that each employee has completed the required training and received approval from his / her supervisor. 1. Police Services Representative (PSR) 2. Traffic Control Assistant (TCA) 3. Civilian Investigator 308.7.2 WATCH COMMANDER RESPONSIBILITIES The Watch Commander shall monitor the use of control devices in the same manner as all other use of force incidents. The Watch Commander may authorize the use of a control device by selected personnel or members of specialized units provided the person(s) authorized Control Devices and Techniques - 56 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC ---PAGE BREAK--- Anaheim Police Department Policy Manual Control Devices and Techniques has/have the required training. The request for a control device should be made through the Watch Commander. The Watch Commander shall review each use of control devices by any personnel within his or her command. The Watch Commander shall ensure training on the use of control devices is provided as needed. 308.7.3 PEPPER PROJECTILE SYSTEMS Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine or groin. Therefore, personnel deploying a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. The use of a pepper projectile system is subject to the following requirements: Officers encountering a situation that warrants the use of a pepper projectile system shall notify a supervisor as soon as practicable. A supervisor shall respond to all pepper projectile system deployments where the suspect has been hit. The supervisor shall ensure that all notifications and reports are completed as required by the Use of Force Policy. Each deployment of a pepper projectile system shall be documented. This includes situations where the launcher was directed toward the suspect, whether or not the launcher was used. Accidental discharges shall be reported to a supervisor and documented on the appropriate report form. Only non-incident deployments, such as training and product demonstrations, are exempt from the reporting requirement. 308.7.4 RANGEMASTER RESPONSIBILITIES The Rangemaster shall control the inventory and shall issue all control devices. All damaged, inoperative and/or expended control devices shall be returned to the Rangemaster for disposition, repair or replacement. 308.7.5 TREATMENT FOR OC SPRAY EXPOSURE Persons who have been sprayed with or otherwise affected by the use of OC should be provided with clean water to cleanse the affected areas. Those persons who complain of further severe effects shall be examined by appropriate medical personnel. 308.7.6 MAINTENANCE RESPONSIBILITY All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices. 308.8 KINETIC ENERGY PROJECTILE GUIDELINES This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. Control Devices and Techniques - 57 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC ---PAGE BREAK--- Anaheim Police Department Policy Manual Control Devices and Techniques 308.8.1 DEPLOYMENT Only department-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officer determines that deployment of these munitions cannot be done safely. The safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include, but are not limited to, situations in which: The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions. The suspect has made credible threats to harm him/herself or others. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. 308.8.2 DEPLOYMENT CONSIDERATIONS Before discharging projectiles, the officer should consider such factors as: Distance and angle to target. Type of munitions employed. Type and thickness of subject's clothing. The subject's proximity to others. The location of the subject. Whether the subject's actions dictate the need for an immediate response and the use of control devices appears appropriate. A verbal warning of the intended use of the device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply and to warn other officers and individuals that the device is being deployed. Officers should keep in mind the manufacturer's recommendations and their training regarding deployment distances and target areas. However, officers are not restricted solely to use according to manufacturer recommendations. Each situation must be evaluated 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. The head and neck should not be intentionally targeted, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. 308.8.3 SAFETY PROCEDURES Shotguns designated for the use of kinetic energy projectiles will be specially marked as such. Control Devices and Techniques - 58 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC ---PAGE BREAK--- Anaheim Police Department Policy Manual Control Devices and Techniques Officers carrying these shotguns will inspect the shotgun at the beginning of each shift to ensure that it is in proper working order and loaded only with approved projectiles. 308.9 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES Any application of a control device and/or technique listed within this section shall be documented pursuant to Policy Manual § 300.4 and 300.5. 308.10 TRAINING FOR CONTROL DEVICES The Training Sergeant shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. All training and proficiency for control devices will be documented in the officer's training file. Officers who fail to demonstrate proficiency with the control device or knowledge of this agency's Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency's Use of Force Policy after remedial training, the officer will be restricted from carrying the control device and may be subject to discipline. 308.11 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES Any application of a control device or technique listed in this policy shall be documented in the related incident report and reported pursuant to the Use of Force Policy. Control Devices and Techniques - 59 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC