Taser - Use of Force Orders (2), Chandler AZ PD, 1996
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CHANDLER POLICE DEPARTMENT GENERAL ORDERS Effective 07/01/96 Low Frequency/High Severity By Order of General Order E-01 Approved On File ______________________________ Bobby J. Harris, Chief of Police On File _________________________________ Police Legal Advisor E-01 USE OF FORCE 100 PURPOSE [46.1.4] The purpose of this order is to establish procedures for: 200 A. Using physical force, chemical agents, approved impact devices, Advanced Taser®, the carotid control technique, and firearms. B. Ensuring that all departmental regulations on the use of force or use of deadly force are adhered to. C. Providing guidelines for the thorough investigation of all use of force incidents that involve employees of the Chandler Police Department to provide protection to the community, the department, and to the involved officers. POLICY [1.3.1] [1.3.2] Employees of this department shall not use more force than is reasonably necessary to accomplish their lawful purpose. In any analysis of a use of force incident, consideration must be made for the fact that officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving about the amount of force that is necessary in a particular situation. Use of any force is usually reactionary in that the officer is responding to a subject's actions. The officer's goal may then change in response to the subject's actions. Progression of use of force options will normally proceed from verbal persuasion through to the use of lethal force. However, officers may immediately use any authorized option if justified. Any use of force shall be preceded by a verbal warning that force will be used against the suspect if he will not comply. The warning is not necessary if doing so will endanger an officer or take away a tactical advantage. The officer employing force does not have to be the officer giving the warning. It is the policy of the Chandler Police Department to thoroughly investigate all shooting incidents involving a firearm which is used or carried by a Chandler Police Department employee and all incidents where force is used causing injury or death. These policies are for departmental use only and do not apply in any criminal or civil proceeding. Violations of these policies will only form the basis for departmental Page E1-1 Rev. 30 4/15/03 Use of Force General Order E-01 administrative sanctions. Violations of law will form the basis for civil and criminal sanctions in a recognized judicial setting. 300 DEFINITIONS [1.3.2] [1.3.6] A. Accidental - Happening by chance or unexpectedly, taking place not according to usual course of things, casual, fortuitous. B. Bifurcate - To divide the investigation into two distinct branches, criminal and administrative investigations. C. Carotid Control Technique - A physical control technique capable of subduing a violently resisting individual who cannot be controlled by any other means short of deadly force. This technique is designed to reduce oxygenated blood flow to the brain. It is not a choke hold that restricts air flow through the throat. D Class V Shooting Incident - The discharge of a weapon to destroy an injured animal (See Animal Control General Order E8) E. Class IV Shooting Incident - Any unintentional discharge of a weapon which does not injure or kill a person, cause any private property damage, or place any person in immediate danger. F. Class III Shooting Incident - The discharge of a weapon to destroy a dangerous or threatening animal. G. Class II Shooting Incident - Any intentional shooting or attempted intentional shooting of anything other than a person whether or not that thing is actually struck. H. Class I Shooting Incident - Any incident in which either of the following has occurred: 1. A person is injured, killed, or placed in immediate danger by a Chandler police officer's weapon being discharged. 2. An attempt is made to shoot a person by a Chandler police officer discharging his weapon. I. Dangerous Instrument - Anything that under the circumstances in which it is used, attempted to be used, or threatened to be used is readily capable of causing death or serious physical injury. J. Deadly Weapon - Anything designed for lethal use. The term includes a firearm. K. Felony - An offense for which a sentence to a term of imprisonment in the custody of the State Department of Corrections is authorized by any law of this state. Page E1-2 Rev. 30 4/15/03 Use of Force General Order E-01 L. Firearm - Any loaded or unloaded handgun, pistol, revolver, rifle, shotgun, or other weapon which is designed to or may readily be converted to expel a projectile by the action of expanding gases (except that it does not include a firearm in permanently inoperable condition). M. Impact Devices - Departmentally approved side handle baton or approved expandable baton. N. Justifiable - Rightful, defensible, warranted, or sanctioned by law; that which can be shown to be sustained by law, i.e., justifiable homicide. O. Less Lethal Force - Force that the officer uses to obtain compliance—this action may cause bodily harm or create a substantial risk of causing bodily harm that may, nevertheless, cause death. P. Lethal Force - Force that is used to stop a threat that in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury. Q. Misdemeanor - An offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. R. Criminal Negligence - With respect to a result or to a circumstance described by statute defining an offense, a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance will exist. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. S. Positional Asphyxiation - Breathing capabilities greatly reduced due to body positioning, i.e., subject restrained, hobbled, and laid in such a position as to restrict the ability to breathe or laid within a contaminated area. Special attention should be given to subjects who have engaged in violent activities due to muscle fatigue or with subjects who are under the effects of drugs or alcohol. T. Reasonable Belief - The facts or circumstances the officer knows, or should know, are such as to cause the ordinary and prudent officer to act or think in a similar way under similar circumstances. U. Serious Physical Injury - The impairment of physical condition which creates a reasonable risk of death; or which causes serious and permanent disfigurement, or serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb. Page E1-3 Rev. 30 4/15/03 Use of Force V. 400 General Order E-01 Use of Force - Any action applied to or directed against the body of a person causing him to act, move, or comply against his resistance, by the use of hands-on physical means, less-lethal weapons, or lethal weapons. LEVELS OF FORCE [1.3.4] The levels of force authorized by the Chandler Police Department in ascending order are: A. Low Level • • B. Intermediate Level • • • C. • • • Physical Contact (i.e., kicks, elbow, palm or knee strikes and punches) Impact Device Less lethal devices, i.e., baton rounds, beanbag rounds, inclusive of those fired from firearms. Police K-9 utilization Stop Sticks, Stinger spikes, or other authorized tire puncture devices used against occupied vehicles. Carotid Control Technique Lethal Force: • 500 Physical Restraint (impact device, joint locks, come-along holds, and control holds) Chemical agents Advanced Taser® (touch stun and probes) High Level • • • D. Verbal persuasion/Presence Empty Hands (i.e. empty-handed escort control, use of pressure points) Firearms ISSUANCE OF ORDERS AND TRAINING IN USE OF FORCE [1.3.4] [1.3.9] [1.3.10] [1.3.11] [16.3.6] At least annually, all personnel will be provided training in the use of force prior to being authorized to apply empty-hand techniques, chemical agents, Advanced Taser® impact devices, carotid control techniques, firearms, or other approved weapons and techniques. All personnel will be provided with the orders pertaining to the use of force. A. Training must be monitored by a certified instructor in the areas of proficiency being instructed. Training and proficiency shall be documented by the instructor and maintained by the Training Unit. Page E1-4 Rev. 30 4/15/03 Use of Force B. 600 General Order E-01 Personnel failing to qualify or demonstrate proficiency with an approved device, weapon or technique are unauthorized to utilize that device, weapon or technique until proficiency is demonstrated. The Training Unit shall schedule remedial training and/or re-evaluation. DUTY TO RENDER AID [1.3.4] [1.3.5] A. Officers shall ensure that any person injured or believed to be injured through the use of force receive the appropriate first aid and/or professional medical attention. B. The injuries or possible injuries and the treatment administered will be included in the appropriate departmental report. C. Whenever a subject has visible injuries as a result of a use of force or complains of injuries as a result of use of force, the employee will: 1. 2. 3. 4. 700 Render the necessary first aid Call paramedics (when necessary) Transport to a medical care facility (when necessary) Document the incident CHEMICAL AGENTS [1.3.4] [1.3.5] [1.3.9] A. Oleoresin Capsicum (OC), pepper spray, and CS/CN will be issued by the department to authorized employees as follows: 1. 2. Police cadets – upon notification by the police academy of scheduled training dates Other authorized employees – upon successful completion of approved training B. In most cases, OC is an effective control method against drug abusers, intoxicated subjects, and psychotics. It is also effective on vicious dogs and other animals. C. Avoid spraying the product near or at an open flame. D. OC should be sprayed at a distance of two or more feet. This will allow the product to atomize in the air and will provide maximal effects on the respiratory system. A one-second burst applied directly to the face, even with glasses, will result in the immediate closing of the eyes. If sprayed within two feet, the product will still affect the eyes and skin. Repeat applications may be made if reasonable and necessary. E. The effects of OC are temporary. The eyes can be opened in 2 to 10 minutes, and the respiratory effects will gradually diminish over a 10 to 30-minute time frame. The effects on the skin will usually dissipate within 45 to 60 minutes, and some redness will remain for up to 2 hours with people who have sensitive skin. Page E1-5 Rev. 30 4/15/03 Use of Force F. When a subject is sprayed and then properly handcuffed, the following treatment will be administered to help alleviate the effects of OC unless the subject refuses treatment or remains combative to the point that treatment could present a danger to the member administering treatment: 1. 2. 3. 4. 800 General Order E-01 Remove the subject from the area of exposure and place them in fresh air and out of direct sunlight. To avoid positional asphyxiation, attempts should be made to maintain the subject in a free standing or upright seated position Call paramedics. Flush the subject's affected area with cool water and/or apply a wet towel to the face. If burning persists, soap and warm water should be used, followed by cool water and/or ice. Normally, the paramedics will handle this function. If the exposure has been severe, it may be necessary to transport the subject to the Chandler Hospital emergency room for appropriate treatment. The officer should avoid touching his eyes, nose, mouth, and other sensitive skin areas until he is able to wash his hands. G. Any member discharging OC, except during training, shall prepare and submit a complete written report of the circumstances. All first aid and medical treatment shall be documented in the report. H. CS/CN are only authorized for SAU use. Standard procedures for application and decontamination of these chemical agents shall be followed. ADVANCED TASER® [1.3.4] [1.3.5] [1.3.9] [1.3.10] Advanced Taser® is an alternative less than lethal application of force not intended to replace firearms or self-defense techniques. Studies to date have shown that the Advanced Taser® when used as trained has little or no lethal potential. The use of Advanced Taser® shall be in accordance with required training programs. Only personnel who have successfully completed the required training will be allowed to use them. A. When to carry – All police officers classified as first responders (those officers responsible for responding to calls for service) will carry the Advanced Taser®, including the following assignments: 1. 2. 3. B. All uniformed Field Operations personnel with the rank of sergeant or officer, including Bike Unit, Traffic Team, and K-9 officers School resource officers and DARE officers Criminal Investigations officers when working in a uniformed capacity How to Carry (First Responder) 1. 2. Only authorized holsters will be used to carry the Advanced Taser®. Advanced Taser®s will be worn according to training instructions. Page E1-6 Rev. 30 4/15/03 Use of Force 3. C. 2. 3. Each officer will perform a spark test at least once each week to ensure the Advanced Taser® is charged and properly functioning. These spark tests will be performed at designated firearm clearing barrels at the department. Advanced Taser® will not be left unattended even when being charged or when in an officer’s home. When the Advanced Taser® is not in use, it shall be properly stored. Deployment of the Advanced Taser® 1. 2. E. The Taser will remain holstered at all times unless it is being tested or being used to respond to an incident. Readiness and Safety of Advanced Taser® 1. D. Deployment of an Advanced Taser® unit should be backed up with the availability of lethal force. Advanced Taser® may be used in the touch stun mode to gain control of suspects displaying active resistance. The touch stun mode shall not be used with a live air cartridge in place. Post-Use Procedures (probe removal) 1. 2. Do not attempt probe removal if subject is combative or if the location of the barb is in the face, ear, breast, groin, or deeply imbedded. Barbs superficially in the skin may be removed by an officer who is trained to do so and in the presence of another officer. a. b. c. d. e. f. g. h. i. F. General Order E-01 Use latex gloves for removal of probes Place the removed probes in spent cartridge barb side down. Clean wound with antiseptic wipe and bandage Securely tape the cartridge and probes and mark as biohazardous waste Assess subject for injury or condition that may need medical attention, and seek appropriate level of service Provide subject with written Taser® Aftercare Instructions on wound care and tetanus vaccination Take photos of suspects each time the Advanced Taser® is deployed Place cartridge with probes into Property as evidence Remove gloves and clean hands with waterless hand sanitizer Documentation Each touch stun and discharge, including accidental discharges, of an Advanced Taser® shall be documented with the following reports. The officer responsible for Advanced Taser® usage shall ensure that the following reports are completed and submitted for review: Page E1-7 Rev. 30 4/15/03 Use of Force 1. 2. 3. 4. General Order E-01 Departmental Offense Report Use of Force Report (PSS Report) Advanced Taser® Usage Report Advanced Taser® Data Report Advanced Taser® data reports will be available through on-duty Field Operations shift commanders. Each of the four reports will be submitted to the Professional Standards Section within five (5) days. The Professional Standards Section shall be responsible for dissemination of the Usage and Data Report to the departmental Taser® coordinator. 900 IMPACT DEVICE [1.3.4] [1.3.5] [1.3.9] A. Impact devices will only be used defensively and shall be in accordance with the listed levels of force and training. B. Only the "Monodnock PR-24" and the "ASP" are approved impact weapons. C. Less lethal munitions fired from either the 37mm gas gun or a 12-gauge shotgun may only be used by qualified members of the department. Designated Field Operation patrol officers who are trained and qualified in the use of less lethal munitions may utilize an approved 12-gauge shotgun which fires less lethal munitions. 1000 CAROTID CONTROL TECHNIQUE [1.3.4] [1.3.5] A. The carotid control technique is used defensively and deemed just short of deadly force. B. When a suspect is rendered unconscious as a result of the application of this technique, personnel shall comply with the following process: 1. Immediately handcuff the suspect. 2. Roll the suspect on his back and check vital signs (pulse and open airway). 3. Transport the suspect to Chandler Regional Hospital for examination, treatment, and observation by a physician within a reasonable period of time not to exceed one hour. Obtain a physician's release prior to booking or other disposition. 4. Should the suspect be in cardiac or respiratory arrest, remove the handcuffs, summon paramedics, and immediately begin CPR. Page E1-8 Rev. 30 4/15/03 Use of Force General Order E-01 1100 USE OF FIREARMS [1.3.2] [1.3.3] [1.3.5] A. The policy of this department is that all officers shall exhaust all other reasonable means of apprehension and control, which would be reasonable and effective in the particular situation, before resorting to the use of firearms/deadly force. B. Firearms may be discharged in the performance of police duty only under the following circumstances: 1. At an approved range during a training exercise. 2. When destroying seriously wounded or dangerous animals where other disposition is impractical. 3. When the officer reasonably believes it is necessary to defend himself or another person from what the officer reasonably believes to be the use of, or imminent use of, deadly physical force. 4. To effect the arrest or prevent the escape from custody of a person who the officer reasonably believes has committed a felony involving the use or threatened use of deadly force, and if there is an imminent and great risk that the person will cause death or serious injury if apprehension is delayed. Officers will not shoot unless all other available means to capture the felon have been exhausted. C. Authorized personnel may use firearms utilized for the discharge of less lethal munitions when practical to do so. D. The intent of an officer discharging his firearm at an assailant is to stop or incapacitate the subject from completing a potentially deadly act. For maximum stopping effectiveness and minimal danger to innocent bystanders, the officer should shoot at the center of body mass. Circumstances may dictate otherwise due to the assailant's exposure from behind cover or hostages, etc. E. Officers are prohibited from: 1. 2. 3. 4. Unnecessarily drawing, displaying, or carelessly handling a firearm at any time. The exhibition of a firearm will require circumstances, which create a reasonable belief that the use of the firearm may be imminent. Firing warning shots at any time. Firing at a moving vehicle or from a moving vehicle except when necessary for self-defense or in the defense of another person's life when all other reasonable means, which would be reasonable and effective in the particular situation, have been exhausted against the suspect's use of deadly force. Using a firearm when it creates substantial risk to innocent persons, unless it can be justified under the circumstances. Page E1-9 Rev. 30 4/15/03 Use of Force F. General Order E-01 Medical aid Paramedics shall be called to the scene of any injury involving an officer's use of lethal force. It is also advisable to request paramedics to respond to a secure area near the location where there is a high potential for the use of lethal force. G. Accidental discharges 1. 2. The affected officer will report all accidental discharges to his supervisor. Accidental discharges will be investigated. Accidental discharges involving off-duty personnel shall be investigated at the direction of the Office of the Chief of Police. 1200 REMOVAL FROM REGULAR DUTIES [1.3.7] [1.3.8] A. An employee of the department that is involved in a use of force incident that results in serious injury to the employee, or in the serious injury or death of another person, or in any discharge of a firearm in self-defense or in the defense of another person shall: 1. 2. Be immediately removed from regular duty and placed on special leave with pay pending the completion of the investigation and findings of the administrative review. Attend a debriefing session with a licensed psychologist or psychiatrist within 48 hours from the time of the incident, unless otherwise directed by the Chief of Police. The appointed psychologist or psychiatrist shall advise the Chief of Police in writing that the employee: a. b. c. B. The purpose of this policy is twofold: 1. 2. C. 1300 Can return to full-duty status. No further counseling is required. Should be placed on light duty and attend additional counseling session(s). Be placed on extended special leave with pay and be required to take part in an intensive counseling program. To protect the community's interest when officers may have exceeded the scope of their authority in the use of force. To shield officers who have not exceeded the scope of their authority from possible confrontations with the community and minimize further psychological trauma to the officer. The officer may return to duty after the Chief of Police or his designee has signed a written "Fit for Duty" letter. SEIZURE OF WEAPONS (Class I and II Incidents) Page E1-10 Rev. 30 4/15/03 Use of Force General Order E-01 A. The on-scene shift commander, Criminal Investigations supervisor, employee’s immediate supervisor, division commander and Deputy County Attorney assigned to the case will, while on scene, review the incident and make a determination, based on the situation, if a replacement weapon can be issued to the involved employee(s) immediately. B. Once the decision to issue a replacement weapon is made, the CIS commander will arrange for a weapon to be assigned to the employee. C. The department armorer will, at the earliest available time, have the employee qualify with the replacement weapon to allow the employee to return back to duty as soon as deemed appropriate 1400 REPORTING USE OF FORCE INCIDENTS [1.3.6] [1.3.7] [1.3.13] A. The department will carefully examine all incidents wherein its personnel have applied force as defined in section B below to ensure that each event is properly documented and investigated for the following reasons: 1. 2. 3. B. All incidents involving the use of force in the following categories will be documented in departmental reports by the involved employee and reviewed by the Professional Standards Section commander. 1. 2. 3. 4. 5. 6. 7. 8. 9. C. To ensure the community that the policies of the department are followed. To ensure proper and accurate documentation of the incident in the event of civil action being brought against the department and the officer. To evaluate the training needs of the department. Unauthorized or indiscriminate use of physical force may result in disciplinary action being taken against the employee. Chemical agent, when sprayed on or at the person Baton, when the person is struck or jabbed Striking, when a suspect is struck with an open or closed hand or any other object Carotid control technique Apprehension by a canine when suspect is or alleges to be injured Firearm. Any employee's action that results in, or is alleged to have resulted in, any injury or death of another person. Physical force, which is defined as being any action taken by an employee which has an eminent potential for injury or death to another person. Any activation or use of an Advanced Taser® resulting in contact with a person or releasing of the device’s probes for other than training purposes. The Professional Standards Section commander shall be responsible to review and analyze the reports submitted, ensuring proper documentation and utilization of force. The Professional Standards Section commander may schedule the Use of Force Review Board (UFRB) to convene as necessary for further review. Page E1-11 Rev. 30 4/15/03 Use of Force D. General Order E-01 The UFRB shall consist of the following members: 1. 2. 3. 4. 5. 6. 7. 8. The Professional Standards Section commander will be the chairman of the board The Firearms Training Unit sergeant Departmental AZ POST-certified instructor(s) with knowledge and expertise in the method of force utilized during the incident A citizen who is an active member of the Chandler Community Policing Advisory Board Any member of the department, other than a family member, chosen by the involved employee Any others designated by the Chief of Police If a conflict of interest arises with any member of the review board, the Chief of Police may appoint another member of equal rank. In the event that the incident involves the discharge of a firearm or results in the serious injury or death of another, the following additional persons shall sit on the board: a. b. 9. Two officers of the same rank as the officer involved The command and supervisory officers of the officer involved In incidents where the discharge of a firearm was for the purpose of destroying wounded or dangerous animal/s and there was no property damage or personal injury, the chairman may approve the action(s) without review of the board. E. The board shall inquire into the circumstances concerning the use of force by an officer for the purposes of determining the facts of the incident. The inquiry shall encompass contributory causes to determine if the officer's action(s) were justified and within the policies of the department. F. After inquiring into the circumstances surrounding the use of force and determining the facts, the board shall deliberate the facts presented and arrive at a finding that the incident was either: 1. 2. 3. G. Justifiable Non-Justifiable - If negligence on the part of the officer is an element resulting in the use of force, the finding shall be "Non-Justifiable". Accidental - A finding of "Accidental" shall be made only when there is no element of negligence on the part of the officer. Within five (5) days after a board meeting, the chairman shall submit a Board of Review report to the Chief of Police. The report shall contain a summary of the circumstances pertaining to the use of force of each incident reviewed, a summary of the board's deliberations, the findings of the board, and any recommendations relating to training programs. Page E1-12 Rev. 30 4/15/03 Use of Force General Order E-01 H. The Chief of Police will review the report for the purpose of approving or disapproving the finding and any recommendations made. If the Chief disapproves the finding, further action will be taken as he may direct. The report will then be resubmitted to him for approval. I. When the Chief of Police approves a report, a copy will be forwarded to the officer involved, to each of his command and supervisory officers, and to the Training sergeant. In addition, when the board finds the use of force to be nonjustifiable, and the Chief of Police has approved such finding, a copy of the report will be filed in the officer's personnel jacket. J. A quarterly analysis of the incidents involving the use of physical force, as described in this section, shall be conducted each January by the PSS lieutenant. The purpose of this analysis is to reveal trends or patterns that may indicate policy or training modification. 1500 OFFICER-INVOLVED SHOOTINGS [1.3.6] A. B. The following procedures shall be followed for the investigation of incidents involving the discharge of a firearm by any departmental employee during the performance of his duties. The procedures will also be utilized in the investigation of in-custody deaths and any use of force situations where serious injury or death occurs as a result of the use of force by a departmental employee. 1. All shootings and use of less lethal force incidents causing serious injury or death will be investigated criminally and/or administratively as determined by the officer's division commander. Criminal investigations are conducted by the Criminal Investigations Unit, primarily the Persons Crimes Unit, when the incident occurred within the City. The Professional Standards Section conducts administrative investigations. The Chief of Police may direct a request that another agency conduct an investigation on behalf of the Chandler Police Department. 2. The criminal investigation will take precedence over the administrative investigation. Some phases of the investigation may be conducted dually and some phases may be conducted separately. 3. The watch commander, or highest ranking on-duty supervisor, will be responsible to make all administrative notifications normally required for a shooting or deadly force incident. All officer-involved shootings will be investigated as follows: 1. Class V shootings: Involved Officer's Responsibilities: a. Notify dispatcher of the incident and location Page E1-13 Rev. 30 4/15/03 Use of Force b. c. General Order E-01 Request a report number be initiated Complete a report with all the details of the incident, including: (1) (2) (3) (4) (5) Reason for the shooting, including how the animal was injured prior to the shooting. The known owner's name, and how and when they were notified. The weapon used to perform the shooting, and who has responsibility over the weapon; number of shots taken. Where the shooting took place and disposition of the animal. Any property damage caused by the shooting. Officer's Immediate Supervisor's Responsibilities: Review the officer's report and then prepare a memo through his commander to the Chief of Police notifying him of the incident. 2. Class IV Shootings, or use of force incidents not involving a firearm which results in minor injuries. Involved Officer's Responsibilities: a. b. c. d. e. f. Provide the appropriate first aid or request medics. Notify dispatcher of the weapon discharge/injuries Request the officer's immediate supervisor respond to the scene Secure the scene area Request an ID Technician respond to document the injuries. Prepare a written report outlining the circumstances for the discharge or use of force that caused the minor injury. Officer's Immediate Supervisor's Responsibilities: a. b. c. d. Respond to the scene/hospital Ensure that no injuries or damage has occurred by the discharge of a weapon, if applicable Initiate an administrative incident review investigation Conduct the administrative investigation and forward the report to the Use of Force Review Board. The report will contain the following: (1) (2) (3) (4) (5) (6) Location of the incident Date and time Reason for the shooting or why weapon was being displayed Weapon used: make, model, caliber and ownership Type of ammunition used and number of shots fired Reasons for the use of force that caused the minor injury Page E1-14 Rev. 30 4/15/03 Use of Force (7) (8) (9) (10) 3. General Order E-01 Photographs Statements of witnesses Other information unique to the investigation Any related OR numbers Class III shootings Involved Officer’s Responsibilities: a. b. c. d. Notify dispatcher of the incident and location Secure the scene Request a report number be initiated Complete a long form report with all the details of the incident, including: (1) (2) (3) (4) (5) Reason for the shooting The owner’s name, and how and when they were notified The weapon used to perform the shooting, and who has responsibility over the weapon, number of shots taken Where the shooting took place and the disposition of the animal Any property damage caused by the shooting Officer’s Immediate Supervisor’s Responsibilities: a. b. c. d. e. 4. Respond to the scene Ensure that no injuries or damage has occurred by the discharge or utilization of the weapon Initiate an administrative incident review investigation and forward it to the Professional Standards Section. Situations involving the shooting of a dangerous animal will be administratively investigated by the Professional Standards Section prior to the report being forwarded to the shooting review board. The shooting of a dangerous or threatening animal where citizens could have been placed in danger by the action of the officer will be investigated by the CIS Persons Crimes Unit. Class I and Class II shootings and use of force incidents resulting in serious physical injury or death a. Notify the following personnel to respond: (1) (2) (3) b. CIS Commander to investigate Professional Standards Section commander to investigate Legal advisor The first uninvolved supervisor on the scene will be briefed by the involved employee(s). This briefing will be limited to questions Page E1-15 Rev. 30 4/15/03 Use of Force General Order E-01 for the purpose of gaining information that may be used to protect evidence, extend the crime scene, attempt to apprehend any suspects, and/or make request for additional manpower. The briefing of the involved officer shall be limited to the bare minimum facts needed in order not to compromise the criminal investigation. Involved Officer's Responsibilities: a. b c. d. e. f. g. h. i. Secure any suspect(s) and suspect(s) weapons that may constitute an immediate hazard Notify dispatcher of the incident and location De-cock and secure your weapon when safe to do so. Leave all magazines, spent casings, and discarded items where they are. The weapon should be secured in the holster and snapped in. Determine the physical condition of any injured person(s) and render first aid when appropriate Request necessary emergency medical aid and the on-duty supervisor Take appropriate measures to protect the scene and evidence Remain at the scene (unless injured) until the arrival of the CIS Persons Crimes Unit and Professional Standards Section investigators. (Officer may be moved to a staging area a short distance away.) Protect weapon and any other item of evidence for examination and only submit it to a member of the investigative unit After providing the initial briefing to the first uninvolved supervisor, the involved officer(s) should not discuss the case with anyone except members of the investigative unit or the officer's attorney. Dispatcher Responsibilities: The notified dispatcher shall: a. b. c. d. e. f. g. h. Dispatch requested medical aid Notify the on-duty uniformed Field Operations commander or highest ranking uniformed supervisor Dispatch additional officers to assist Notify the police legal advisor Notify the Persons Crimes Unit supervisor or his designee Notify the Professional Standards Section commander or his designee Notify the Risk Management supervisor or his designee. Make copies of all 911 calls, radio traffic, and call history for the investigators. On-Duty Uniformed Patrol Commander/Supervisor's Responsibilities: Page E1-16 Rev. 30 4/15/03 Use of Force General Order E-01 An uninvolved uniformed patrol commander/supervisor shall: a. b. c. d. e. f. g. Proceed immediately to the scene Assist with first aid or life-saving efforts as needed Request additional officers as needed to secure the scene, locate and secure suspects and witnesses, or to be assigned specific duties at the scene. (Go to hospital with injured, act as companion officer, etc.) Request Dispatch make the necessary notifications. Conduct a briefing with the involved officer(s) for the purposes of gaining information to protect the public from at-large suspects, protection of the crime scene, and any other exigent circumstances that need to be immediately known Broadcast needed information on suspects, vehicles, and danger to public as needed Identify and take all necessary steps to secure all scenes related to the incident. Provide scene security and document all entrance to the scene(s) Secure the involved officer(s). Assign an officer to be a “companion” officer to the involved officer(s). (1) (2) (3) h. Secure the involved officer(s)’ weapon or item used in the incident. The weapon should be kept secured in the officer’s holster, along with any magazines, shell casings, or objects that are in the immediate possession of the officer(s). Any items left inside the crime scene should be left protected there until collected by the appropriate investigator. (1) i. The involved officer(s) shall remain at the scene at a location sufficiently away from the scene to avoid further trauma or create a hazardous situation (hostile crowd). The companion officer will be instructed that he will not leave the involved officer(s) alone at any time. The companion officer will only be dismissed by a member of the investigative unit at the appropriate time. Should it be necessary for the involved officer to be moved from the scene, the companion officer will do the transport. The involved officer will not drive himself anywhere. The companion officer shall be instructed to ensure the weapon or item is not disturbed. Make or confirm the notifications per departmental policy have been done. (1) (2) (3) CIS Persons Crimes Unit supervisor Division commander of the involved officer’s unit Professional Standards Section Page E1-17 Rev. 30 4/15/03 Use of Force (4) (5) (6) (7) (8) (9) (10) General Order E-01 PIO Risk Management supervisor Administrative staff, (commanders and chiefs) Department chaplain Critical Incident Stress Management coordinator Firearms Training sergeant Police legal advisor j. Conduct a preliminary field investigation and canvass of the area. Officer should locate, keep separate, and secure all witnesses to the incident until the arrival of the investigators. Officers should get a brief statement from witnesses, where they were located and what they saw or heard, to assist the investigators in determining the importance of the witness statement. The investigators will interview all involved officers and witnesses. k. Prepare all the information available to conduct a briefing for the investigators, staff, and PIO l. Provide command assistance to the assigned investigator(s) Criminal Investigator's Responsibilities: The assigned criminal investigators will: a. b. c. d. e. Respond to the scene immediately upon notification Receive a brief explanation on the situation from the scene supervisor Accept responsibility for scene security and take appropriate measures to protect the integrity of the scene and preservation of evidence. Request any additional manpower needs. Make the necessary notification to the County Attorney's Major Felony Unit to allow them to respond to the scene Conduct a briefing of all investigators, County Attorney, and administrators. This briefing will be given by the on-scene supervisor who will provide the detailed information that has been gathered to that point. (statements, 911 call information, radio conversations, etc.) (1) (2) (3) f. Develop a detailed task list, to include names of all involved parties, witnesses, and evidence needs Identify and list all issues that need to be covered in the investigation Make assignments to assisting investigators Conduct a briefing with the involved officer(s). This briefing will be audio recorded and is only to inform the officer(s) of what is to be taking place with the investigation, where the officer will be Page E1-18 Rev. 30 4/15/03 Use of Force General Order E-01 sequestered, and the taking of photographs and evidence items from the officer(s). (1) (2) g. Seize from the officer all weapons that have been fired, along with the officer’s gun belt with accessories, concealed holsters, and unspent ammunition in the officer’s possession. (If at all possible, the officer(s) should be removed from the scene prior to this seizure.) (1) (2) (3) h. Have all involved officers photographed in the condition and attire they were in at the time of the incident Have all critical evidence, clothing, Pr 24 baton, Asp baton, OC spray containers, flashlights, or other items used by the officer during the incident photographed and seized from the officer at this time All firearms will be inspected by a qualified armorer for that weapon to determine if the weapon is functioning within factory specifications and to determine that no unauthorized alterations have taken place. If more than one weapon was fired, and ballistic examination needs to be completed to determine which weapon caused the death or injury, the weapons, casing, and/or recovered projectiles will be sent to the appropriate lab to conduct that examination. The investigator may call out a member of the range staff to respond to the scene of a Class I or II shooting in order to determine if the incident conforms with training and to determine future training needs. The criminal investigator will, at the earliest available time, request that all officers who discharged a firearm or directly caused the actions that resulted in serious injury or death provide blood and urine samples for the criminal investigation. Qualified medical personnel will administer these samples. (1) (2) Officers who decline to give voluntary blood and urine samples for the criminal investigator may be later contacted by the Professional Standards investigator and, pursuant to G.O. B-13 1000 E, will be ordered by the Professional Standards investigator to provide blood and urine samples for the administrative investigation. Results from the blood and urine samples taken pursuant to the administrative investigation cannot be used against the officer in any criminal proceedings. The “companion” officer will be directed to take the involved officer to the appropriate facility for obtaining the Page E1-19 Rev. 30 4/15/03 Use of Force General Order E-01 samples. The samples will be turned over to the appropriate investigator. i. Direct the “companion” officer as to where to take the involved officer to wait until time for his interviews. (1) (2) (3) (4) (5) (6) The location will be determined based on availability of a quiet and secure place for the employee to be kept away from unnecessary contact with others. This may be the police station, hotel, or employee’s home. Once all photographs are taken and all evidence is collected from the involved officer, he may change clothing, shower, or sleep while waiting for the interview. The involved employee will be allowed to contact a family member or friend to be with them. Departmental transportation may be provided for the family member or friend, as needed. The involved employee will be allowed to contact an attorney, if desired, as soon as he requests and when it can logistically be accomplished. The employee may also contact or have time with a member of the Critical Incident Stress Management team (refer to G.O. B-8 600f5) or police chaplain when appropriate and time allows in the investigative process. The employee may make notes on the incident for later use by his attorney and to assist in any future interview. j. Be responsible for the crime scene to ensure that it is fully documented by photographs, diagrams, and all of the evidence collected in accordance with accepted procedures k. Separate, secure, and interview all witnesses, including all officers who were present but not involved in the actual shooting or physical altercation that caused injury. These interviews will be audio recorded. l. Ensure that an investigator and supervisor contact the family of the deceased or injured to interview them about the family member, to make notification of the incident, and to conduct a search for evidence if warranted m. The investigators, supervisors, and Deputy County Attorney will discuss the case facts and circumstances to determine the applicability of Miranda Warning with respect to the involved officer(s) upon completion of the witness and family interviews and processing of the scene. Page E1-20 Rev. 30 4/15/03 Use of Force (1) n. General Order E-01 If it is determined that Miranda Warnings are to be given to the involved officer(s), they will be given as soon as possible prior to obtaining any further statements from the officer(s). Once all the above steps are completed, the investigator(s) will conduct a voluntary interview with the involved officer(s). The interview will be audiotape recorded. If circumstances require, a videotaped interview, including a walk-through of the scene with the officer(s), may be completed. (1) (2) (3) The officer will be told he is not under arrest. The officer will be asked if he is giving the interview voluntarily, that no threats, promises, or force have been used to obtain the statement. All contacts between the officer(s) and the investigator(s) will be tape-recorded. Should an officer choose to not give a voluntary statement to the criminal investigator, the Professional Standards investigator will be notified. The Professional Standards investigator may then conduct an administrative interview with the involved officer under Garrity. o. Once the criminal investigation is completed, the criminal investigator will give a briefing to the Professional Standards investigator prior to releasing the scene and involved officer(s). The Professional Standards investigator may conduct any followup investigation he may need for the administrative investigation. p. Prepare a written report of their actions and assemble a complete report, including reports from all officers assigned to the investigation (1) q. Officers directly involved, and witness officers that are interviewed by the criminal investigators will not write a report. Provide complete copies of the entire criminal investigative report, including photographs and other documents, to: (1) (2) (3) (4) County Attorney’s Office Professional Standards Section Risk Management Training sergeant SUMMARY OF CHANGES: 400 Move Advanced Taser® from High Level to Intermediate Level of Force Page E1-21 Rev. 30 4/15/03 Use of Force General Order E-01 800 A-H Rewrite Advanced Taser® procedures according to new training protocol including when to carry, how to carry, readiness and safety, deployment, post-use procedures, and documentation. Add Written Taser® Aftercare Instructions at end of order Revise Control Options Authorized at end of order, Change Defensive Resistance to Active Resistance and revise examples. Add Taser® to Intermediate Level of Force. Page E1-22 Rev. 30 4/15/03 TASER AFTERCARE The Advanced Taser M26 sends low dose electrical current for up to 5 seconds to temporarily stun and immobilize. The manufacturer reports that it may cause temporary involuntary skeletal muscle contraction and a feeling of dizziness. It does not interfere with heart muscle contraction or pacemakers and does not cause long term after effects to muscles, nerves, or body functions. W h a t t o ex p ec t : It is normal to experience redness, numbness, and tingling in the effected area for a few hours afterwards. If the skin was punctured by the taser probe, the probe has been removed, the skin cleaned with an antiseptic and a bandage applied. R ec o m m enda t i o ns : Keep bandage clean and dry to reduce the possibility of infection. Watch for and seek medical care if signs such as persistent redness and swelling or fever occur. If it has been ten or more years since your last Tetanus shot see your doctor for a Tetanus booster. This information provided for your safety by the City of Chandler Police Department. Date________________by _____________________________________________________________ Reference Number ___________ 4/03 CPD 20-42 CHANDLER POLICE--CONTROL OPTIONS AUTHORIZED Officer's Officer's Subsequent Goal Original Detain/Arrest Low Level Subject's Actions Goal Intermediate Level High Level Compliant Detain/ Arrest X Passive Resistance (Physical Actions that do not prevent officer's attempt at control. Examples include non-threatening verbal statements, becoming limp after handcuffing.) Detain/ Arrest X Active Resistance (Physical actions which attempt to prevent officer's control. Examples include pulling away or running away when an officer has reason to believe the person has committed a criminal offense.) Detain/ Arrest X X Protect Subject Attempt to Injure Self or Suicidal Protect Subject X X X Detain/Arrest Active Aggression (Assault with non-deadly physical force) Defend/ Arrest X X X Aggravated Active Aggression (Assault with deadly force) or Self Defense or Defense of Another's Life Defend/ Arrest X X X Deadly Force X Rev30 4/15/03 ("X" indicates an authorized option) Note: The use of any force is usually reactionary in that the officer is responding to the subject's actions. The officer's goal may then change in response to the subject's actions. Progression of control options will normally proceed from left to right on this chart. However, officers may immediately use any authorized option, if justified. Definitions: Low Level: Techniques that have minimal chance of injury. For example, empty hand escort controls, pressure points. Intermediate Level: For example, impact weapon joint locks, come-along, control holds, chemical agents, and Advanced Taser®. High Level: Techniques that have more than a minimal chance of injury. For example, kicks; elbow, palm or knee strikes; punches.