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101.4 Chemical Agent (Issued 12-14-2020)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER December 14, 2020 101.4 SUBJECT: REVISION DATE SECTION: Chemical Agent 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 chemical agent. 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 department recognizes that combative, non-compliant, armed and/or violent subjects cause handling and control problems that require specialized training and equipment. Thus, the department has adopted the use of a non-deadly force philosophy to assist with the de-escalation of potentially violent confrontations. Any use of chemical agents must comply with the department’s Use of Force policies. Any police officer who makes an unlawful, excessive, or unauthorized use of a chemical agent will be subject to disciplinary actions and may be subject to civil and criminal liability. III. DEFINITIONS Actively Resisting When a subject makes evasive physical movements to interfere with an officer’s attempt to control that subject. Evasive physical movements include, but are not limited to, bracing against officer actions, 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. Bodily Harm Physical pain or injury. Chemical Agent A compound that irritates the eyes and causes tears, pain, and even temporary blindness, and reduced air flow due to swelling of the respiratory tract. A chemical agent is an intermediate weapon that is classified as non-deadly. It should only be used, however, when an officer is met with active resistance. 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. 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 or 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. 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 Minnesota Board of Peace Officers Standards and Training (POST) The state board that regulates peace officer licensing, standards, and training. 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 Munitions Master will also recommend the selection of munitions and chemicals for purchase and issue. 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. IV. PROCEDURE A. Use of Force Standard The following are applicable use of force standards directly related to the deployment of a chemical agent: 1. The use of a chemical agent involves the application of force. 2. Each application of a chemical agent constitutes a separate, additional use of force. 3. Multiple applications of chemical agent cannot be justified solely on the grounds that a subject fails to comply with a command, or the initial application did not reach the subject’s face absent other indications that the subject is about to flee, or poses an immediate threat to an officer. 4. Any decision to apply multiple applications of a chemical agent must take into consideration whether a subject is capable of complying with the officer’s commands. 5. The chemical agent is not intended to replace the use of firearms when lethal physical force is necessary, but rather to provide a non-deadly alternative. B. Authorization to Carry and Use a Chemical Agent 1. Only chemical agents meeting department specifications and issued by the department may be used by sworn officers, reserve officers, and community service officers in the course of law enforcement responsibilities. 2. The use and carry of a chemical agent is restricted to officers who are trained on and demonstrate proficiency of use in compliance to POST standards. 3. To meet the quality standards, all officers shall complete training annually. 4. All training, including remedial training, shall be documented 5. The Munitions Master will be responsible for the review, inspection, and approval of all chemical agents prior to issuance. The Munitions Master will remove any unsafe or expired chemical agents and will be responsible for maintaining an inventory and issuance information of all chemical agents issued by department. 6. All officers may carry the chemical agent once they have been issued the chemical agent and have been trained in its proper use. C. Permitted Use of a Chemical Agent Officers are only permitted to use a chemical agent in accordance with training in the following instances: 1. Against subjects who are actively resisting in a manner that, in the officer’s judgment, is likely to result in injuries to themselves or others. 2. To incapacitate a subject who poses a threat of imminent physical injury to himself/herself. 3. During a physical confrontation with a combative individual and attempts to control the subject by lower levels of force or tactics are found or believed to be likely ineffective. 4. Against aggressive animals that pose a threat of physical injury to officers or others. 5. During department authorized training programs and/or demonstrations. D. Restrictions on Use of a Chemical Agent Department issued chemical agents may not be used in the following circumstances: 1. To effect the arrest of a person that is only passively resisting (e.g., going limp, offering no physical resistance); 2. On individuals with frail health, young children, the elderly, women believed to be pregnant, or persons with known respiratory conditions. A chemical agent may only be used under exceptional circumstances involving an imminent danger of suffering serious bodily harm, and the use of the a chemical agent is the only reasonable method to control the child or elderly in order to avoid such harm; 3. Once a suspect complies, becomes incapacitated, or is restrained; 4. In crowded areas, except after taking into account all of the circumstances, including possible exposure to uninvolved bystanders; 5. Near an open flame or flammable material; 6. In closed or poorly ventilated spaces; 7. To wake up an intoxicated individual; or 8. To threaten or elicit information from a person. E. Verbal Commands 1. A verbal warning and time to allow the subject to comply, must be given prior to the use of a chemical agent, unless a warning would present a danger to the officer or others. 2. Verbal commands before, during, and after the application of a chemical agent are important in order to de-escalate any situation and gain compliance and control of an actively resisting or aggressive subject. 3. After resistance has ceased, the subject must be reassured that nothing further will happen to him or her, and that decontamination for the spray application is forthcoming. F. Application Techniques 1. Initially, one one-second discharge of the department issued chemical agent should be directed to the upper chest area or above the eyes. 2. Direct discharge into the eyes should be avoided. 3. Except in an emergency situation, do not discharge a chemical agent when closer than three feet from the subject due to the increased risk for self-contamination or contamination of other officers at the scene. 4. Additional discharges may be used if the initial burst proves ineffective. Allow a brief time for the chemical agent to take effect before additional applications. Be prepared to take other appropriate action should the spray fail to be effective. G. Post-Use Decontamination and Treatment 1. Once the spray has been applied, and/or empty-hand techniques are being used, commands must be given to direct the now-confused and distracted subject. 2. Subjects should be assured that the effects of the chemical agent are temporary. 3. If a subject is exposed to chemical agent while in the prone position, the subject should be removed from the prone position as soon as it is safe to do so. 4. After a chemical agent has been used and the subject has been restrained and moved to an uncontaminated area, the affected areas of the subject should be flushed with water within 20 minutes, absent exceptional circumstances. 5. Subjects should be asked if they suffer from any respiratory diseases or problems, such as asthma, bronchitis or emphysema. If a subject displays respiratory problems, the subject should be exposed to fresh air if possible and emergency medical services should be sought immediately. 6. While transporting a subject, the subject's condition should be monitored for signs of breathing difficulty, nausea, or other physical discomfort. A subject should never be left unattended until the effects of the chemical agent have completely subsided or the individual indicates that they have fully recovered from the effects of the chemical agent. 7. If still in police custody, forty-five minutes after use of a chemical agent, subjects shall be inspected to determine whether additional decontamination or if first aid measures, like medical attention are required. 8. When transferring custody of the subject, personnel shall be informed when a subject has been sprayed with a chemical agent. H. Use of Force Reporting 1. The use of chemical agents must be reported in strict compliance with the department’s Use of Force General and Reporting and Reviewing Force policies (General Orders 101 and101.1). 2. After deployment of a chemical agent, the officer who discharged the spray 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 (face, upper torso or other), e. Witnesses to the discharge of a chemical agent, f. Number of discharges, and length of each, g. Estimated distance at which a chemical agent discharge(s) occurred, h. Extent, if any, of the subject’s injuries, i. Description of first aid provided, j. The name of the supervisor notified, and k. Time of such notification. 3. In addition, the officer who deploys a chemical agent shall complete and submit an incident report/supplemental report and a Use of Force Report. J. Supervisory Responsibility As outlined in the Reporting and Reviewing Force policy, General Order 101.1, a supervisor must conduct a review when a chemical agent has been used on a subject.