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101.6 Less Lethal Impact Munitions (Replaced by SWaM 5-3-21)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER December 14, 2020 101.6 SUBJECT: REVISION DATE SECTION: Less Lethal Impact Munitions (SIMS) New Red I. PURPOSE The purpose of this General Order is to establish rules and procedures governing Fridley Police Department officers’ training, carrying, and use of less lethal special impact munitions (SIMs). II. POLICY The policy of the Fridley Police Department (“department”) is to use only that amount of force reasonably necessary to effect an arrest, control a situation, or defend themselves or others from harm. The availability of less lethal weapons can assist officers in de- escalation of potentially violent confrontations and provide additional alternatives to the use of deadly force. Impact projectiles are an important component of the department’s less lethal force equipment. Officers are authorized to employ SIMs in accordance with provisions of this policy, and the department’s Use of Force General policy, General Order 101. Any police officer who makes an unlawful, excessive, or unauthorized use of a less lethal impact munitions will be subject to disciplinary actions and may be subject to civil and criminal liability. III. DEFINITION Active resistance The actions of a subject who makes physically evasive movements to interfere with an officer’s attempt to control that subject. These movements may include bracing, tensing, pulling away, or pushing. Authorized Device A device an officer has received permission from the agency to carry and use in the discharge of that officer’s duties, and for which the officer has: a. Obtained training in the technical, mechanical, and physical aspects of the device; and b. Developed a knowledge and understanding of the law, rules, and regulations regarding the use of such a device. Bean Bag Rounds A generic term used for impact projectiles which are typically filled with lead shot and designed for use in a 12-gauge shotgun, 37mm, or 40mm munitions gun. Bodily Harm Physical pain or injury. De-Escalation Taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. De-escalation may include the use of such techniques as command presence, advisements, warnings, verbal persuasion, and tactical repositioning Deadly Force Force used by an officer that the officer knows, or reasonably should know, creates a substantial risk of causing death or great bodily harm. The intentional discharge of a firearm in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force. Firearms Coordinator The sergeant in charge of coordinating and supervising firearms training, firearms related equipment (ammunition, firearms), less lethal impact munition and launchers, chemical and distractionary munitions (tear gas, other related devices), decision making simulation training and equipment, and related policies and standards. Force Any physical strike or instrumental contact with a person; any intentional attempted physical strike or instrumental contact that does not take effect; or any significant physical contact that restricts the movement of a person. The term includes the discharge of a firearm, or pointing a firearm at or in the direction of a human being, use of chemical spray, use of impact weapons, use of electronic control weapons (ECW), chokeholds, hard hands, taking of a subject to the ground, or the deployment of a canine. The term does not include escorting or handcuffing a person with minimal or no resistance. Use of force is lawful if it is objectively reasonable under the circumstances to effect an arrest, or protect the officer or other person. Great Bodily Harm/Serious Physical Injury Bodily injury which creates a high probability of death, or which causes serious, permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. Impact Projectile Projectiles designed for use in a 40mm munitions gun. These projectiles are designed to incapacitate a subject with minimal potential for causing death or serious physical injury when compared to conventional projectiles. Less-lethal Special Impact Munitions (SIMs) An impact munitions which can be fired, launched or otherwise propelled for the purpose of encouraging compliance, overcoming resistance or preventing serious injury without posing significant potential of causing death. Munitions Master An officer level less lethal/chemical munition instructor appointed by the firearms coordinator to oversee the maintenance and inventory of all munition equipment, and the armoring of the launchers. Non-Deadly Force Force used by an officer that does not have the purpose of causing, nor create a substantial risk of causing death or great bodily harm. Passive resistance The actions of a subject who does not cooperate with an officer’s commands, but who does not take action to prevent being taken into custody. IV. PROCEDURE A. Equipment 1. Officers may carry and use only department issued and approved SIMs. 2. The following SIM's and launcher are approved for use: a. Munitions: 1) The eXact iMpact 40mm smokeless powder sponge round. This munition is intended for direct fire deployment with an optimal energy range of approximately 10-75 feet, although it may be used in situations from 5 to 120 feet. 2) The eXact iMpact Extended Range Round 40mm smokeless powder sponge round. This munition is intended for direct fire deployment with an optimal energy range of approximately 33-230 feet. Impacts closer than 10 meters or targeting the head, neck, or upper torso can result in serious injury or death. 3) Other SIMs for use by specifically trained officers as approved in the Munitions and/or Crowd Control and management policies. b. Launcher: 1) 40mm rifled launcher. 3. Prior to deployment all SIMs will be reviewed, inspected and approved by the Munitions Master. The Munitions Master will maintain a record on each approved less lethal SIM weapon and include such records in the annual inventory. Unsafe or malfunctioning weapons will be removed from service and brought to the attention of a Munition Master. 4. SIMs impact rounds will be stored in clearly marked cases with weapons dedicated for less-lethal munitions. 5. When deployed for use or when stored in a patrol vehicle, extended range munitions shall not be stored within the same compartment or case as a standard range munition unless extended range munitions are explicitly being deployed for the incident or team deployment (Mobile Field Force or Strategic Response Team). 6. The Director of Public Safety has authorized less lethal SIM's for use by trained sworn personnel. B. Training 1. Only officers who have been trained in the use of approved less lethal SIMs and have qualified in their deployment may deploy these weapons. 2. Successful completion of the user course shall include passing a written examination and qualifying with the approved less lethal SIMs. 3. Officers must be trained and certified annually by a LLIM instructor. 4. Officers will be required to demonstrate proficiency with less lethal SIMs as well as knowledge of the State laws and this department’s policies concerning the use of force. Officers who fail to demonstrate proficiency with SIMs will be given an opportunity for remedial training. If the officer is unable to demonstrate proficiency, the officer will not be authorized to carry approved less lethal SIMs. 5. All training, including remedial training efforts will be documented. C. Deployment 1. Deployment Authorization: a. Use of SIM's should occur after all other options to control or apprehend a suspect have been considered. Use of SIM's could be used to neutralize a significant immediate threat that would otherwise result in the use of deadly force. b. Use of SIM's is an option where person(s) are posing a threat to harm themselves. c. Verbal persuasion and warnings are required before the use of SIM's if circumstances allow it without risk to the safety of the officers or others. d. Any supervisor may authorize the use of approved less lethal SIMs. e. The decision to deploy approved less lethal SIMs is based on the department’s Use of Force policy. f. Approved less lethal SIMs are considered a level of force equivalent to impact weapons and subject to the same procedural requirements. 2. Deployment Considerations: a. The deployment and use of SIM's are decisive actions that could assist in achieving the goal of protection of life and/or the restoration of order. SIM's should be considered whenever their use could reduce the risk of injury to officers, innocent citizens and/or suspects. Circumstances justifying the use of these munitions include, but are not limited to: 1) The subject has the immediate ability to cause great bodily harm or death. 2) A SIM's trained officer believes that deadly force would otherwise be justified in the absence of a non- deadly force option, i.e. in the face of imminent death or great bodily harm to self or others. 3) Against a specific individual who is engaging in conduct that poses an immediate threat of loss of life or great bodily harm/serious physical injury to himself or herself, officers, or the general public, or who is engaging in substantial destruction of property which creates an imminent risk to the lives or safety of other persons. In such instances, SIMs shall be used only when other means of arrest are unsafe and when the individual can be targeted without endangering other crowd members or bystanders 4) Subduing vicious animals that could cause great bodily harm or endanger the lives of officers involved. 5) A suspect who makes overt, hostile, attacking movements with or without a weapon which may cause injury to officers or others. 3. Loading: a. Precautions must be taken to ensure that an incorrect round for the situation is not inadvertently loaded into the weapon. b. The following procedures are to be followed when loading the weapon: 1) The officer who will deploy the weapon shall ensure that the weapon is completely empty by both visually and manually checking the chamber and the magazine tube. 2) The deployment officer will verify each round is the correct approved less lethal SIMs impact round type and then load each round into the weapon. 3) Once the weapon is loaded, the deployment officer is to keep the weapon in his/her immediate possession until the weapon is either deployed or unloaded and given to another officer. 4) If the deployment officer gives the weapon to another officer it must be unloaded and reloaded following the above guidelines. An exception is made for exigent circumstances if the deployment officer must pass the weapon to another officer for tactical considerations during an incident. 4. Deployment Tactics: a. A verbal warning, and time to allow the subject to comply, must be given prior to the use of an impact weapon, unless such warning would present a danger to the officer or others. Verbal commands before, during, and after the use of an impact weapon are important in order to de-escalate any situation and gain compliance and control of an actively resisting subject. b. The potential for causing death or serious physical injury with approved less lethal SIMs is a reality. This potential is greatly reduced when impacts to the head and neck are avoided. Deliberate impact to the head and neck are considered a use of deadly force and governed by the department’s Use of Force General policy (General Order 101). Officers should aim at center body mass or at an extremity depending upon the circumstances of the incident. c. Prior to firing the less-lethal weapon the deploying officer will, where possible, warn other officers in the immediate vicinity that impact rounds will be deployed in order that the shot does not precipitate the use of firearms by other officers. d. When engaging a target, the deploying officer should evaluate the effectiveness of each round. Compliance and/or incapacitation are the desired goal. Alternative target areas and/or responses should be considered when rounds are not effective. e. The deploying officer should utilize cover whenever possible when deploying a less-lethal weapon. Ballistic shields should be considered when deploying less-lethal weapons. f. Whenever possible, at least one officer will provide cover with a lethal weapon for the officer deploying a less-lethal weapon. D. Post Deployment Actions 1. Any subject struck with a less lethal weapon will be restrained, as necessary, and transported to a medical facility for examination and/or treatment. 2. EMS may be requested if the subject displays any adverse reactions, or if impact is made in the face, neck, or groin area. 3. When possible, any subject struck with a less lethal weapon will be photographed to document the extent of any injuries from the weapon. 4. When possible, measure the distance from where the officer discharged the SIMs and where it impacted the subject 5. When possible, collect the casing and recover the SIMs projectile and enter it into evidence. E. Use of Force Reporting 1. The discharge of a SIMs round must be reported in strict compliance with the department’s Use of Force General and Reporting and Reviewing Force policies (General Orders 101 and 101.1). 2. After the discharge of a SIMs round to apprehend, control, or restrain a subject, the officer must notify a supervisor as soon as it is practical to do so, except for when used during the course of a Mobile Field Force or Strategic Response Team deployment, and shall comply with all reporting and investigation requirements outlined in the department’s Reporting and Reviewing Force policy, and shall include: a. The facts and circumstances which dictated the officer’s use of force; b. Commands given to the subject, including any appropriate warning; c. Manner in which the subject refused to comply; d. Targeted area (arms, legs, pressure points) e. Witnesses to the use f. Number of impacts if applicable g. An estimation of distance fired from subject h. Extent, if any, of the subject’s injuries; i. Description of first aid provided; j. Document the launcher used k. The name of the supervisor notified; and l. Time of such notification. 3. In addition, the officer who discharges a SIMs round shall complete and submit an incident report/supplemental report and a Use of Force report. F. Supervisor Responsibilities As outlined in the Reporting and Reviewing Force Policy, General Order 101.1, a supervisor must conduct a review when a less lethal impact munition (SIM) has been used on a subject.