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101.6 Specialty Weapons and Munitions (Revised 05-03-2021)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER December 15, 2020 101.6 SUBJECT: REVISION DATE SECTION: Specialty Weapons and Munitions May 3, 2021 Red I. PURPOSE The purpose of this policy is to establish procedures and guidelines governing Fridley Police Department authorized specialty weapons and munitions, including training, carrying, and use of the weapons. 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. Direct Impact projectiles are an important component of this agency's less-lethal force equipment. Officers are authorized to employ impact and chemical agent projectiles in accordance with provisions of this policy, and the department’s Use of Force policy, General Order 101. III. DEFINITION Actively Resisting: When a subject makes physically evasive movements to interfere with an officer’s attempt to control that subject; including bracing, tensing, pulling away, actual or attempted flight, 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. Bodily Harm: Physical pain or injury. Chemical Agent Munitions: Munitions designed to deliver chemical agents from a launcher or hand thrown. 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. 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. 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, 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. Less-lethal Special Impact Munitions (SIMs): 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. The Munition Master will also recommend the selection of munitions and chemicals for purchase and issue. Non-Deadly: 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: When a subject does not cooperate with an officer’s commands but does not take action to prevent being taken into custody. For example, a protestor who lies down in front of a doorway and must be carried away upon arrest. PAVA: A combination of Pelargonic Acid and Vanillylamine, which are naturally occurring compounds found in pepper plants. PAVA is nonflammable and non-oil based. PepperBall Launching System: A unique less-lethal chemical agent delivery system that uses high pressure air launchers to deliver projectiles from a distance. PepperBall projectiles are plastic, frangible spheres that are filled with PAVA powder. The projectiles, when delivered by an air powered launching device, burst on impact and release the PAVA powder. The PepperBall can deliver the projectiles with enough kinetic energy to produce temporary abrasions, bruises, and/or welts. IV. PROCEDURE A. Equipment 1. Officers may carry and use only department issued and approved specialty weapons and munitions. Specialty weapons and munitions include the following: a. The department authorizes and issues the PepperBall TAC-SF and FTC launchers with the following ammunition: 1) Live-X 2) VXR Live-X 3) Live-Standard 4) Glass Breaker 5) Marking 6) Water Filled 7) Inert b. The department authorizes and issues the 40mm rifled launcher with the following ammunition: 1) eXact iMpact sponge round 2) eXact iMpact extended range sponge round 3) Stinger 32-caliber rubber balls round 4) Stinger 60-caliber rubber balls round 5) Direct Impact OC, CS, & marking round 6) Spede-Heat long and short-range CS round 7) Skat Shell multiple projectile CS round c. The department approves hand tossed riot control OC, CN, & CS grenades and launchable OC and CS. 2. Prior to deployment, all specialty weapons will be reviewed, inspected, and approved by the Munition Master or designee. The Munition Master will maintain a record on each approved specialty 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. 3. SIMs will be stored in clearly marked cases with weapons dedicated for less-lethal rounds. 4. When 40mm rif led launchers are stored in patrol vehicles for standard patrol use, only eXact iMpact sponge rounds (non-extended range) shall be stored with the 40mm rifled launcher. 5. Specialty weapons will be inspected quarterly basis by a firearms instructor or supervisor AND another verifying officer. The inspection shall include a function check of the weapon and an inspection of the ammunition to verify only authorized less lethal rounds are loaded into the weapon. The inspection shall be documented and signed by both the firearms instructor and verifying officer. This documentation shall be kept in the case along with the special impact weapon. 6. The Public Safety Director has authorized SIMs, PepperBall, and chemical agent munitions for use by trained sworn personnel. B. Training 1. Only officers who have been trained in the use of approved specialty weapons and munitions 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 specialty weapon and munition. 3. Officers must be trained and certified annually by a certified instructor or trainer. 4. Officers will be required to demonstrate proficiency with specialty weapons and munitions 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 specialty weapons and munitions 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 specialty weapons and munitions. 5. All training, including remedial training efforts will be documented. C. Deployment 1. Deployment Authorization: a. Use of specialty weapons and munitions should occur after all other options to control or apprehend a suspect have been considered. Use of specialty weapons and munitions could be used to neutralize a significant immediate threat that would otherwise result in the use of deadly force. b. Use of SIMs and PepperBall is an option where person(s) are posing a threat to harm themselves. c. Verbal persuasion and warnings are required before the use of specialty weapons and munitions if circumstances allow it without risk to the safety of the officers or others. d. Trained officers may deploy SIMs or PepperBall munitions without supervisor approval. e. The use of hand tossed riot control OC, CN, & CS grenades and non-Direct Impact CS launchable munitions shall be approved by the Public Safety Director, or his/her designee, prior to deployment. Deploying these munitions into a crowd should be avoided. f. The decision to deploy approved specialty weapons and munitions is based on the department’s Use of Force policy, General Order 101. g. Approved SIMs are considered a level of force equivalent to impact weapons and subject to the same procedural requirements as outlined in General Order 101.5, Impact Weapons. h. PepperBall and approved chemical agent munitions are considered a level of force equivalent to chemical agents and subject to the same procedural requirements as outlined in General Order 101.4, Chemical Agent. 2. Deployment Considerations: a. The deployment and use of specialty weapons and munitions are decisive actions that could assist in achieving the goal of protection of life and/or the restoration of order. Specialty weapons and munitions 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: i. Subjects who appear to pose a threat of death or serious bodily harm to themselves or others. ii. Situations wherein a specialty weapon and munition trained officer believes that deadly force would otherwise be justified in the absence of a less-lethal option, i.e., in the face of imminent death or great bodily harm to self or others. iii. Restoration or maintenance of order during a civil disturbance which could otherwise result in great bodily harm to officers and/or others. iv. Subduing vicious animals that could cause great bodily harm or endanger the lives of officers involved. v. A suspect who makes overt, hostile, attacking movements with or without a weapon which may cause injury to officers or others. 3. Loading SIMs: a. Precautions must be taken to ensure that an incorrect round for the situation is not inadvertently loaded into the weapon. For this reason, two officers must load and verify the load of the weapon. b. The following procedures are to be followed during monthly inspection or any other time 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) A second officer will check to ensure that the weapon is completely empty by both visually and manually checking the chamber and the magazine tube. 3) The second officer will verify each round is the correct approved less lethal round type and hand each round to the deployment officer individually. 4) The deployment officer will verify each round is the correct approved less lethal round type and then load each round into the weapon. 5) 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. 6) 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. 7) If deployed, the deploying officer will keep the weapon in his/her immediate possession until the weapon is no longer needed. At that time the weapon will be unloaded and placed back into the case, along with any remaining ammunition. The weapon will be taken out of service until it can be inspected and reloaded according to the steps above. 4. SIMs Deployment Tactics: a. A verbal warning, and time to allow the subject to comply, must be given prior to the use of SIMs, unless such warning would present a danger to the officer or others. Verbal commands before, during, and after the use of SIMS are important 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 SIMs is a reality. This potential is greatly reduced when impacts to the head, neck, spine, groin, and center mass 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 policy General Order 101. The primary target areas are the lower extremities, i.e., the buttocks, thigh, and calf. The arms may be considered a target, however the proximity to vital organs should be cause for consideration. Center mass shots have the potential for serious or fatal injury and should only be considered when maximum effectiveness is desired to meet a level of threat escalating to deadly force. 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 or blankets deployed by trained perso nnel should be considered when deploying less-lethal weapons. f. At least one officer will provide cover with a lethal weapon for the officer deploying a less-lethal weapon. 5. PepperBall Launching System Deployment Tactics: a. A verbal warning, and time to allow the subject to comply, must be given prior to the use of a PepperBall Launching System, unless such warning would present a danger to the officer or others. Verbal commands before, during, and after the use of an PepperBall Launching System are important to de-escalate any situation and gain compliance and control of an actively resisting subject. b. The head, genital area, and spine are considered potentially fatal or extremely sensitive spots and should not be targeted with the PepperBall Launching System unless deadly force is justified. c. The primary projectile targeting location is the solar plexus or celiac plexus (sternum / upper abdomen). d. Prior to firing PepperBall Launching System 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. e. The deploying officer should utilize cover whenever possible when deploying a PepperBall Launching System. Ballistic shields or blankets deployed by trained personnel should be considered when deploying PepperBall Launching System. f. At least one officer will provide cover with a lethal weapon for the officer deploying a PepperBall Launching System. D. Restrictions SIMs and/ or PepperBall should not be utilized when any of the following conditions knowingly exist: 1. Offender is a pregnant female. 2. Offender is less than 20 feet from the officer when deploying an eXact iMpact extended range sponge round. 3. Offender is less than 5 feet from the discharging officer when deploying an eXact iMpact sponge round. 4. Offender has a pacemaker or other known heart condition. 5. Lethal force has been deemed necessary. 6. Juveniles under the age of 15, unless: a) life threatening conditions exist, and b) approved by a supervisor E. Post Deployment Actions 1. Any subject struck with a SIMs will be restrained, as necessary, and transported to a medical facility for examination and/or treatment when appropriate. 2. EMS shall be requested if the subject displays any adverse reactions, or if impact is made in the face, neck, or groin area. 3. Any subject struck with a SIMs will be photographed to document the extent of any injuries from munition. Follow up photographs in the next two days should be considered, should any injuries become more pronounced. 4. Any officer deploying a specialty weapon and munitions must complete a Use of Force Report as required by General Order 101.1, Reporting and Reviewing Force. F. Supervisor Responsibilities 1. When possible, a supervisor must respond to the scene of the incident in which a specialty weapon and munition have been utilized on an individual. 2. In accordance with General Order 101.1, Reporting and Reviewing Force, the supervisor shall: a. Conduct a preliminary investigation into the use of force incident. b. Ensure medical evaluation and treatment has been provided to the injured party as appropriate. c. Photograph any injuries sustained by officers and/or any damage to equipment, uniforms, or property. d. Photograph the arrested subject to document any injury, or lack of injury. e. Obtain witness information for investigation. f. Review the Use of Force Report prior to the end of duty and forward through the appropriate chain of command. G. Mutual Aid 1. When requested, officers may provide specialty weapons and munitions mutual aid assistance to neighboring jurisdictions. 2. Any use of specialty weapons and munitions by a Fridley Police Officer during a mutual aid assist shall comply with the procedures outlined in this policy. 3. The Fridley Police Officer in control of the specialty weapon and munitions, other than SIMs and PepperBall will obtain authorization from a department supervisor prior to responding to a mutual aid request. 4. The Fridley Police Officer will only discharge the specialty weapon and munitions in a mutual aid assist under the direct authorization of the primary jurisdiction’s controlling supervisor/officer and in accordance with the provisions set forth in this policy. 5. Any mutual aid assist resulting in the use/discharge of a specialty weapon will require the responding Fridley Officer and associated supervisor to complete the mandatory use of force reporting procedures and follow-up administrative review as outlined in this manual. 6. Any modifications for the mutual aid requirements in this policy shall be in conjunction with a written agreement between the department and the requesting agency.