Less Lethal Munitions RPDPS (2)
Use of force Options
Use of force
Force defined: any action taken to control, restrain, overcome or stop a suspect's actions.
Use of force MUST be justifiable (SITARE)
Severity of the crime
Immediate threat posed by the suspect
Actively resisting
Attempting to escape arrest by flight
Adjust the amount of force as the situation changes
Use of force
California penal code on use of force
835a PC (a)(1)- use of physical force shall be exercised judiciously and with respect for human rights and dignity and for he sancitity of every human life
(a)(2) use of deadly force only when necessary in defense of human life. Officers shall evaluate each situation in light of the particular circumstances of each case, and shall use other available resources and techniques if reasonable safe and feasible.
(b) Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use objectively reasonable force to effect the arrest, to prevent escape, or to overcome resistance.
(c)(2) Deadly force may not be used against a person who pose a danger to only themselves
Use of force
Reasonable force: Only the amount of force reasonable necessary to control a subject to prevent recurrence of the incident
-What would areasonable officer with similar training and experience do?
-Scott v. Heinrich (9th circuit 1994): "Officers need not to avail themselves of force. The test is one of reasonableness, not escalation."
Use of force
Force must be within law and policy
Federal law
State law
Case law
Policies and procedures
Peterson v. Long beach: wrongful death, actions justifiable
Appeal: ruling was reversed
Officer did not exercise due care
Officer did not follow Long Beach PD guidelines
Use of force
Levels of Force
Mere presence
Verbal commands
empty hand controls
hard hand controls
less lethal weapons
deady force
** De-escalation of force is as important as escalation of force
Use of force
Other case law
Tennessee v. Garner
Use of deadly force
Life threatening escape
Life threatening felony
Give warning (Halt, police!) where feasible
If necessary to prevent escape
Graham v. Conner
Perspective of reasonable officer
At time force was applied
Fact confronting officer
Officer acted properly under established law
Less Lethal Munitions
Less Lethal munitions
Definition: Less Lethal munitions are weapons capable of creating blunt trauma or discomfort that may be used from a distance for the purpose of compelling a subject to cease violent or self destructive actions.
Less lethal force defined: A force applied with the intention of rendering a subject non-threatening, which over a given number of occurrences a death can occur.
Less Lethal munitions
Types of Less Lethal Munitions
Non flexible: Rigid projectiles that are delivered from a launching system and do not conform to the body upon impact.
Wood and foam baton rounds, rubber sabot, wood dowels, SAGE/ARWEN 37mm plastic baton
Flexible: Projectiles that are delivered from a launching system and upon impact conorm to the body
12 gauge and 33mm fabric shot bags ("bean bags")
Less Lethal munitions
Delivery System
40mm: Smooth bore and rifled bore (SAGE/ARWEN, DEF TECH)
12 Gauge shotgun: Smooth bore preferred over rifled bore
Semi auto shotguns will not function with most less lethal munitions
LESS LETHAL MUNITIONS
Deployment concerns
Verification of less lethal munitions use
Keep all less lethal munitions separate from other 12 gauge ammunition
Must have accurate shot placement
The need for immediate incapacitation and the potential for injury must be considered when decideding on shot placement
Distance to Target
This may be deciding factor on which weapon or ammunition to use
LESS LETHAL MUNITIONS
Deployment concerns (cont.)
Subject information
Age, body mass, clothing, mental and medical history
weather conditions
Training and Qualifications of Officer Deploying
Prevention of "Contagious Fire" by other officers
LESS LETHAL MUNITIONS
Tactical Deployment Concerns
Weapon(s) subject armed with
Subject's intent: suicide, homicide, refusal to submit
Available cover for officers
Safety priorities in high risk incidents
Hostages, innocent bystanders, officers, suspect
Less lethal officer
More than one available
Should also be armed with lethal weapon
LESS LETHAL MUNITIONS
Tactical Deployment concerns (cont)
Cover officer
armed with lethal force firearm
Primary task to protect less lethal officer
Alternate force officers
taser, hand held impact weapon, pepper spray, pepper ball gun, k-9, etc
Arrest team: close proximity to less lethal officer and may also include less lethal officer
LESS LETHAL MUNITIONS
Tactical Deployment Considerations (Cont)
Should have alternate plan in place in case less lethal fails
Target Areas of the body to avoid
Head
Neck
Spine
Heart
Groin
HISTORY
Developed in late 70's for riot control by the British Army
When first developed, it was a single shot
Original weapon was the ARWEN and put into use in 1979
SAFE replaced ARWEN due to unavailability of ARWEN
Now 40mm replacing SAGE
Legally classified as a firearm
PURPOSE
Riot situations for taking out the ring leaders
Incapacitation an armed or violent inmate
A perimeter weapon to prevent escape where deadly force cannot be used
Intervening in suicide attempts
As a show of force to defuse a potential incident
Deliver of chemical agents
40 MM WEAPON
Multi lancher (Penn Arms)
Single shot (Defense technology or Penn arms)
Multipe types of munitions
Blue tip eXact impact sponge round
Direct burst on impact (Inert)
Direct burst on impact o/c
Rubber ball round (Stinger)
40MM SINGLE SHOT
Single or Double action trigger
rifled barrel
One piece steel frame
Break open design
No safety to release
Rifling: 1:47twist
OPERATION OF WEAPON
Pre-loading
Weapon unloaded
Weapon clean and dry
Weapon lubricated
Check weapon function
Make sure barrel locked
Pull trigger double action
** Remember no safety!!!!!!!
UNLOADING
Open cylinder using the breakdown latch
Hold cylinder or barrel veritcal with loading side down, allowing gravity to pull rounds out or:
Single Shot: Open weapon, dispense empty casing backwards over shoulder (demo)
Visually inspect to make sure it is unloaded
Point Control Impact Munitions Black closed cell neoprene tip
Closed cell neoprene
Velocity: 240-260 feet per second
maximum Effective Range: 50 yards
Optimal range: 15-100 feet
Point of aim, point of impact
5 year warranty from shipment date
Projectile Specs:
3.9 inches long
2.4 inches high
1.6 inches diameter
60gm projectile weight
plastic casing
smokeless powder
O/C or INERT BURST ON IMPACT
Orange/ black tip crushable foam nose
velocity: 295 feet per second
Maximum effective range: 120 feet
Projectile specs:
4.4 inches long
2.92 inches high
1.6 inches diameter
1.45 ounces weight
RUBBER BALL ROUND
Upper wad, black in color
Velocity: 300 feet per second
Maximum effective range: 50 feet
Most suitable: 15-40 feet
18 60 caliber rubber balls ( or 32 cal)
Low trajectory or skip fire
Below belt line
37/40mm uses
May cause minor injuries inside 20 feet
TACTICAL CONSIDERATIONS
Distance and cover
Minimum distance 2 meters (6 1/2 feet)
Lighting
Threat suspect poses to others and self
Weapons available to suspect
Safe area to deploy
Use of cover officer for less lethal officer