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101.5 Impact Weapons (Issued 12-14-2020) FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER December 14, 2020 101.5 SUBJECT: REVISION DATE SECTION: Impact Weapons 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 impact 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 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-lethal force philosophy to assist with the de-escalation of potentially violent confrontations. Any use of an impact weapon must comply with the department’s Use of Force policy, General Order 3.01. Any officer who makes an unlawful, excessive, or unauthorized use of an impact weapon will be subject to disciplinary actions and may be subject to civil and criminal liability. III. DEFINITIONS Actively resisting: 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. 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. 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. Bodily Harm: Physical pain or injury. Great Bodily Harm: 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. Imminent Threat: An officer’s reasonable perception of impending danger, death, or serious injury from any action or outcome that may occur during an encounter. A subject may pose an imminent or impending threat even if s/he is not pointing a weapon at an officer but, for example, has a weapon within reach, is running for cover carrying a weapon, or is running to a place where an officer has reason to believe that a weapon is available. Impact Weapons: Department-approved tools that provide methods for gaining control of a subject when lethal force is not justified, but when empty-hand control techniques are not sufficient to effect control. These weapons should only be used against a subject when an officer is met with active resistance. The various batons authorized and/or issued by the department are impact weapons. 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. For example, a protestor who lies down in front of a doorway and must be carried away upon request. Qualified Medical Personnel: Medical professionals such as medical doctors, licensed nurses, or EMS responders. IV. PROCEDURES A. Authorization, Equipment and Training 1. Sworn officers, reserve officers, and Community Service Officers may carry and use only department issued and/or approved impact weapons. Any impact weapon purchased by an officer of the department must be of a type the department has authorized and approved. Approved impact weapons: a. Baton (straight stick) b. Collapsible Baton c. Side Handle Baton d. Riot Batons 2. Based on the training requirements of POST, officers will be required to train and demonstrate proficiency with impact weapons as well as knowledge of the laws and this department’s policies concerning the use of force before carrying or using an impact weapon and annually thereafter. All training including remedial training will be documented. 3. Officers may carry an impact weapon when wearing their uniform in public (on duty). B. Use of the Impact Weapons 1. Officers may deploy impact weapons in response to active resistance. officers may also use impact weapons to assist with restraining subjects or applying escort holds, consistent with department training. 2. Officers shall use only the minimum degree of objectively reasonable force necessary to gain control of the situation, in light of the circumstances present. Any use of impact weapons must comply with the department’s Use of Force policies. Officers are reminded that use of force is only authorized when it is objectively reasonable and for lawful purposes. (See General Order 101, Use of Force - General) 3. The level of force shall be reduced as the level of resistance decreases. 4. Officers should avoid raising an impact weapon above the level of the head of the subject. 5. Officers must avoid extreme levels of force which may cause serious bodily harm when striking a subject with an impact weapon, except when the circumstances justify using such force because of imminent danger of serious bodily harm and the officer is acting in self-defense or in the defense of others. 6. In limited circumstances when a confrontation escalates suddenly and unpredictably, however, an officer may use any means or device at hand such as a flashlight, radio, and other issued equipment, to defend themselves, another person, or to bring a situation under control. This decision should be based on the circumstances surrounding the officer at the time, if the officer determines it was reasonably necessary to do so, as long as the level of defensive action is objectively reasonable given the existing circumstances 7. The baton may also be used as a mechanical tool. C. Body Areas Vulnerable to Impact Weapon Strikes with Less Likelihood of Causing Serious Bodily Harm 1. Impact weapons should be used in a manner consistent with training in order to cause the minimum possible harm, by contacting pressure points, nervous centers, and any other area where the bones are close to the skin, especially the limbs. 2. Vulnerable areas less likely to cause serious bodily harm as identified in Diagram 1 as Green and Yellow target areas (see Diagram on page 6 of this General Order) D. Body Areas to be Avoided by Impact Weapon Strikes 1. The following are considered potentially fatal impact spots and should not be intentionally targeted with an impact weapon unless deadly force is justified, consistent with department policy and the law. The following areas are identified as red target areas in Diagram 1: a. Any area of the head/ neck b. Spinal area c. Kidney area d. Solar plexus or celiac plexus (sternum, abdominal and cardiac trauma) E. Verbal Commands 1. A verbal warning and time to allow the subject to comply should be given, prior to the use of an impact weapon, unless such warning would present a danger to the officer or others. 2. 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. F. Medical Aid 1. Any subject against whom an impact weapon is used, who is visibly injured or complains of injury, shall be evaluated by qualified medical personnel. G. Use of Force Reporting 1. The use of an impact weapon must be reported in strict compliance with the department’s Use of Force General and Reporting and Reviewing Force policies (See General Orders101 and 101.1) 2. After the use of an impact weapon of an impact weapon to strike a subject, the officer must notify a supervisor as soon as it is practical to do so 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 strikes if applicable g. Extent, if any, of the subject’s injuries; h. Description of first aid provided; i. The name of the supervisor notified; and j. Time of such notification. 3. In addition, the officer who an impact weapon shall complete and submit an incident report/supplemental report and a Use of Force report. G. Responsibility of Supervisors As outlined in the Reporting and Reviewing Force Policy, General Order 101.1, a supervisor must conduct a review when an impact weapon has been used on a subject. Diagram 1