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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