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59 Cards in this Set

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105.03 Less Lethal Force and Control Options

LESS LETHAL OPTIONSThe Denver Police Department authorizes the use of

Electronic Restraints Devices (ERD)/TASER,Pepper Ball deployment systems, twelve (12) gauge and forty (40) mm specialty impact munitions to becarried by certain officers in their normal duty assignments.
105.03 Less Lethal Force and Control Options

A concept of planning and force application which meets an operational or tacticalobjective, with less potential for causing death or serious injury than conventional more lethalpolice tactics.

Less lethal:
105.03 Less Lethal Force and Control Options

Any apprehension or restraint device approved for carry, which when usedas designed and intended has less potential for causing death or serious injury than conventionalpolice lethal weapons. Less lethal weapons include Electronic Restraints Devices (ERD/TASER),Pepper Ball deployment systems, less lethal twelve (12) gauge shotguns and forty (40) mmprojectile systems and others as approved by the Chief of Police.

Less lethal weapon:
105.03 Less Lethal Force and Control Options

An officer trained in the principles of less lethal force and the use of less lethalweapons. One who is authorized by the Department to carry and deploy one or more of theweapons in the performance of their duties.

Less lethal officer:
105.03 Less Lethal Force and Control Options

Department approved twelve (12) gauge shotgun with a cylinder boreeighteen-inch (18) barrel. The shotgun, except those approved by the Chief of Police for use byMetro/Swat, has a high visibility stock and fore-end and is equipped with rifle sights.

Less lethal shotgun:
105.03 Less Lethal Force and Control Options

Department approved and issued. The beanbagprojectile is a lead-shot-filled fabric bag designed to be non-penetrating and to deliver its kineticenergy over a broad surface area.

Twelve (12) gauge beanbag projectile
105.03 Less Lethal Force and Control Options

Either a single round or multi-launcher, department approved, withfixed stock and rifle barrel.

Forty (40) mm Launcher:
105.03 Less Lethal Force and Control Options

Advanced Taser ERD (Electronic Restraint Device) which uses an electricalsignal to temporarily override the motor and sensory nervous system and directly controlthe skeletal muscles. This causes an uncontrollable contraction of the muscle tissue,allowing the Taser to physically debilitate a target regardless of pain tolerance or mentalfocus.

ERD/TASER:
105.03 Less Lethal Force and Control Options

Air-Powered launch device and projectiles that are plastic spheresfilled with powdered Oleoresin Capsicum (OC). Projectiles burst on impact and releaseOC. Pepper Ball projectiles subdue by strongly irritating the nose, lungs, and breathing.Response to inhaling Pepper Ball projectile OC powder varies greatly among individuals.In most cases, the symptoms last for a few minutes. The Pepper Ball can deliverprojectiles with enough kinetic energy to produce abrasions, bruises, and/or welts.

Pepper Ball System:
105.03 Less Lethal Force and Control Options

A single application of the ERD/Taser’s electrical impulse, regardless of duration,which causes electro-muscular disruption.

Cycle:
105.03 Less Lethal Force and Control Options

Officers will be selected, trained and certified as less lethal officers and alternates. Only lesslethal officers and alternates are authorized to

authorized to display, carry or deploy any less lethal weapon.When vacancies occur among the ranks of less lethal officers, they will be filled by designation ofan officer from the alternate pool.
105.03 Less Lethal Force and Control Options

Officers must attend and pass a mandatory

training course, an annual in-service courseand periodic qualification conducted by Firearms Section personnel. The formal updatedtraining curriculum and list of qualified officers will be kept on file at the Training Bureau.
105.03 Less Lethal Force and Control Options

Less lethal certified officers who fail to qualify with their firearm two or more quarters in a

twelve (12) month period shall be removed from the less lethal program. It is theresponsibility of the officer and the supervisor of the Firearms Section to notify theofficer's commander and the officer's Division Chief verbally and in writing of the failure toqualify as required by this section.

105.03 Less Lethal Force and Control Options

the privilege to carry a less lethalweapon.

Violations of this policy may result in revocation of

the privilege to carry a less lethalweapon.
105.03 Less Lethal Force and Control Options

All departmental less lethal weapons not deployed in the field will be maintained in

police facility, in a locked cabinet or room designed specifically for the secure storage ofonly less lethal weapons.
105.03 Less Lethal Force and Control Options

Less lethal weapons will be issued to qualified officers by a designated

armory officer orsupervisor at the beginning of each shift and returned at the end of the officer's shift to anarmory officer or a supervisor.
105.03 Less Lethal Force and Control Options

The Pepper Ball system may be issued for general patrol use and

Field Force Squad orZone commanders may also issue Pepper Ball deployment systems and less lethalshotguns or forty (40) mm projectile systems to qualified personnel assigned to eachsquad.
105.03 Less Lethal Force and Control Options

All available less lethal weapons will be issued at

the beginning of each shift providedsufficient numbers of qualified officers are on duty and returned at the end of the officer'sshift to an armory officer or a supervisor.

105.03 Less Lethal Force and Control Options


Qualified officers may not decline

to be issued, carry, or deploy less lethal weapons.
105.03 Less Lethal Force and Control Options

Each unit will designate a supervisor to perform the following maintenance on the unit’sless lethal inventory on a twice-yearly basis on the date of the time change:

a. Inspect all ERD/Tasers, Pepper Ball launchers, and less-lethal shotguns. Anydefective weapons will be delivered to the Less Lethal Coordinator in the Officeof the Division Chief of Patrol.

b. Perform a data download from all ERD/Tasers in inventory. The data disks willbe delivered to and retained by the Internal Affairs Bureau.


c. Adjust the time in the ERD/Taser’s internal clock to reflect the regional time.

105.03 Less Lethal Force and Control Options

Officers or supervisors will determine when less lethal weapons are to be deployed.Officers deploying a less lethal weapon usually serve as

cover officers only. Less lethalofficers shall not perform any other duties, such as searching or handcuffing, until theirweapon is secured. Planning and communication between officers and supervisors isimportant when making deployment and strategy decisions.
105.03 Less Lethal Force and Control Options

The less lethal shotgun is to be carried in the

trunk of the police car, either in itscase or in a dedicated rack if the vehicle is so equipped, with an empty chamber,the safety on and magazine loaded with four (4) rounds of less lethalammunition.
105.03 Less Lethal Force and Control Options

The ERD will be carried on the belt in an approved

holster, worn on the sideopposite the firearm. When not worn, the ERD will be secured in a lockedvehicle, not visible to passers-by.
105.03 Less Lethal Force and Control Options

The Firearms Bureau will maintain a list of

Department-approved ERD holsters,and all ERD/Tasers will be carried in a holster from the approved list.
105.03 Less Lethal Force and Control Options

Pepper Ball guns may be authorized by Field Force Commanders for use during

field force operations and major crowd control events. Subject to availabilitycertified supervisors or officers may carry the Pepper Ball gun while on patrol.
105.03 Less Lethal Force and Control Options

Officers shall communicate to other officers and the subject that they are about

to discharge a less lethal weapon prior to its use or clearly and audibly announcethe same to officers in the immediate area unless urgent circumstances preventthis from occurring.
105.03 Less Lethal Force and Control Options

Use of a less lethal shotgun or the forty (40) mm projectile will be considered a

useof force and must meet the requirements of all Department policies and proceduresand Colorado Revised Statutes.
105.03 Less Lethal Force and Control Options

Acceptable uses of a less lethal shotgun or forty (40) mm projectile include:

a. To incapacitate a combative or physically resistive person whose conductrises at least to the level of Active Aggression. The purpose is to neutralizethe person to the point they can be safely controlled and taken into custody.This use of force option becomes necessary when other force options wouldbe inappropriate or ineffective under the circumstances and it is reasonableand necessary in order to attempt to avoid having to use deadly force.(Active Aggression is defined as a threat or overt act of an assault, coupledwith the present ability to carry out the threat or assault, which reasonablyindicates that an assault or injury to any person is imminent.) OR

b. As a defensive weapon option in situations where it is likely to prevent anofficer or a third person from being seriously injured or killed. OR


c. To incapacitate a suicidal person who cannot be safely controlled with otherforce options.

105.03 Less Lethal Force and Control Options

Unless deadly force is warranted, an officer shall not intentionally deploy the less lethal shotgunprojectile or forty (40) mm projectile to the suspect's:

a. To the head, eyes, throat, neck, breasts of a female, genitalia, or spinal column.

b. To a pregnant female, (if the officer has knowledge of the pregnancy).


c. From a range of less than ten (10) feet with the less lethal shotgun, or less than five (5)feet with the forty (40) mm projectile.

105.03 Less Lethal Force and Control Options


When any person is struck by the projectile from a less lethal shotgun or forty(40) mm launcher, immediate evaluation by

medical personnel is required, andparamedics will be called to the scene
105.03 Less Lethal Force and Control Options

If the subject is examined and released at the scene by the paramedics, the useof the less lethal shotgun or forty (40) mm projectile shall be reported as

impact use of force. The Use of Force Report, DPD 12, shall be completed inaccordance with the requirements of OMS 105.01, Use of Force Procedures.
105.03 Less Lethal Force and Control Options

The on-scene supervisor will notify a Crimes Against Persons (CAP) supervisorin the following circumstances, and the CAP supervisor will determine theappropriate level of investigation and coordinate documentation of the incidentwith the on-scene patrol supervisor:

a. If paramedics determine the subject is to be transported from the sceneby ambulance, or

b. If the subject was struck by the less lethal projectile in the head or neck,regardless of the level of injury, or


c. If any part of the projectile penetrated the subject’s body.


d. If it is discovered that the subject is a juvenile.

105.03 Less Lethal Force and Control Options

The medical examination by paramedics shall be documented on the

Use ofForce report, DPD 12, and the arrest paperwork, if any. Additionally, if thesubject is jailed, the officer will notify detention facility personnel that a less lethalweapon was used.
105.03 Less Lethal Force and Control Options

Acceptable uses of the Pepper Ball projectile may include:

1. To incapacitate a combative or physically resistive person whose conduct risesat least to the level of Defensive Resistance. The purpose is to neutralize theperson to the point they can be safely controlled and taken into custody.(Defensive Resistance is defined as physical actions that attempt to prevent anofficer's control including flight or attempt to flee, but do not involve attempts toharm the officer). OR

2. In situations when its use is likely to prevent an officer or a third person frombeing injured, OR


3. To incapacitate a suicidal person who cannot be safely controlled with otherforce options, OR


4. When ordered by the field force commander or other command officer in crowdcontrol or riot situations.

105.03 Less Lethal Force and Control Options

Unless deadly force is warranted, an officer shall not intentionally deploy the PepperBall projectile as follows:

1. To the head, eyes, throat, neck, breasts of a female, genitalia, or spinal column.

2. To a pregnant female, if the officer has knowledge of the pregnancy.


3. On or in an open wound if the officer has knowledge of the open wound.

105.03 Less Lethal Force and Control Options

Officers shall communicate to other officers that they are about to

discharge a less lethalweapon prior to its use or clearly and audibly announce the same to officers in theimmediate area unless urgent circumstances prevent this from occurring.
105.03 Less Lethal Force and Control Options

Immediate evaluation by medical personnel is required to determine the degree of injurysuffered by the suspect. This medical check shall be documented on the

Use of Forcereport and the GSS&C. If the prisoner is jailed, the officer will notify detention facilitypersonnel that a less lethal weapon was used.
105.03 Less Lethal Force and Control Options

Acceptable uses of the ERD/TASER include:

1. To incapacitate a combative or physically resistive person; whose conduct risesat least to the level of Active Aggression. The purpose is to neutralize theperson to the point they can be safely controlled and taken into custody. Thisuse of force option becomes necessary when other force options would beinappropriate or ineffective under the circumstances. (Active Aggression: Athreat or overt act of an assault, coupled with the present ability to carry out thethreat or assault, which reasonably indicates that an assault or injury to anyperson is imminent.), OR

2. In situations when its use is likely to prevent an officer or a third person fromserious bodily injury, OR


3. To incapacitate a suicidal person who can’t be safely controlled with other forceoptions.

105.03 Less Lethal Force and Control Options

Unless deadly force is warranted, officers shall not intentionally deploy the ERD/TASER asfollows:

1. To the head, eyes, throat, neck, chest, breast(s) of a female, genitalia, or spinalcolumn.

a. The point of aim (meaning the placement of the red laser dot) shall be themuscles of the upper abdominal area just below the sternum.b. Probe strikes in any restricted area shall be specifically noted in theUse of Force Report, with an articulation of the specific suspectaction(s) that may have caused the probe to strike the restricted area.


2. To a pregnant female, unless deadly force is warranted and if the officer has knowledge of thepregnancy.


3. On an open wound, if the officer has knowledge of the open wound.

105.03 Less Lethal Force and Control Options

Officers will not use the ERD/Taser in the following situations:

1. When the suspect has come in contact with or is in an environment containing flammable gasesor liquids.

2. Drug houses where ether or other flammable chemicals are suspected.


3. To prevent a suspect from swallowing evidence.


4. To terminate a foot chase unless the suspect’s actions rise to the level of Active Aggression.


5. When the subject is in a position where a fall may cause serious bodily injury or death.6. Where the suspect is in water of sufficient depth that the suspect may drown onceincapacitated.


7. Where its use will cause the suspect to lose control of a motor vehicle unless they canarticulate compelling reasons.


8. When the subject is holding a firearm, unless they can articulate compelling reasons.9. When the subject is at the extremes of age or physically disabled, unless they can articulatecompelling reasons.


10. In a situation where deadly force is clearly justifiable, unless sufficient cover is present and iscapable of providing deadly force (Lethal Cover) to protect the officers and or civilians asnecessary.


11. As a tool of coercion or punishment. Officers will not activate the Taser against a suspect morethan the minimum number of times necessary to safely take the suspect into custody, and thesuspect should be secured as soon as practical, while experiencing electro-musculardisruption, in order to minimize the number of cycles.


12. On a handcuffed prisoner, unless the officer can articulate an immediate need to stop a threator action that will cause serious injury or death to the officer or another person.


13. No officer shall playfully or maliciously display, or intentionally misuse the ERD/Taser. See OMS105.02(4)d.6.b. for acceptable uses of the ERD/Taser.

105.03 Less Lethal Force and Control Options

Use of the Drive/Contact Stun is discouraged except in situations where

the deployment of the “Probes” isnot possible and the immediate application of the “Drive/Contact Stun” will control a subject displaying, atleast, Active Aggression.
105.03 Less Lethal Force and Control Options

Officers shall communicate to other officers and the subject that they are about to discharge a less lethalweapon prior to its use by announcing

“Taser, Taser, Taser”; or clearly and audibly announce the same toofficers in the immediate area unless urgent circumstances prevent this from occurring.
105.03 Less Lethal Force and Control Options

Immediate evaluation by medical personnel is required to determine the degree of injury suffered by thesuspect. Officers shall advise responding medical personnel of any observations indicating that thesuspect was under the influence of

alcohol or controlled substance(s). This medical check shall bedocumented on the Use of Force report, DPD 12, and the GSS&C.
105.03 Less Lethal Force and Control Options

If the prisoner is jailed, the officer will notify

detention facility personnel that a less lethal weapon wasused.
105.03 Less Lethal Force and Control Options

Medical evaluation is required whether the subject is shot with probes or the ERD / TASER is used as acontact stun device. Only medical personnel will be allowed to

remove probes from individuals shot withthe ERD/TASER.
105.03 Less Lethal Force and Control Options

Should a subject die after the use of the ERD/Taser, the

Crimes Against Persons Bureau shall benotified per the procedure outlined in OMS 301.14(8), In-Custody Death Investigations. In addition tothe procedure outlined in (i) and (j) above, the ERD/Taser will be secured as evidence and submitted toan independent laboratory for testing to ensure proper functioning.
105.03 Less Lethal Force and Control Options

Impact tools/devices authorized.

a. Standard issue twenty-nine (29) inch baton.b. Standard issue thirty-six (36) inch riot baton.c. Commercially manufactured or custom made batons that closely resemble thelength, diameter, composition and appearance of the standard issue baton.

d. An approved expandable baton upon successful completion of specializedtraining. The Training Bureau will maintain a list of approved expandable batons.


e. All officers are required to receive yearly refresher training with the police batonin conjunction with Arrest Control Techniques (ACT) training.

105.03 Less Lethal Force and Control Options

Items prohibited for carry:

All other devices including but not limited to saps, sapgloves, brass knuckles, billy clubs, batons with ornate carvings or a metal ball attached toeither end, yawara sticks, iron claws, shirkins, ropes, and non-department issued legrestraint devices, including rope or cord hobbles are not authorized for carry. SeeOMS 111.03.
105.03 Less Lethal Force and Control Options

Officers are discouraged from using a duty handgun as an impact weapon for thefollowing reasons:

a. The inherent danger of an accidental discharge endangering the officer andother bystanders.

b. The firearm is generally an ineffective impact weapon due to its construction andweight.

105.03 Less Lethal Force and Control Options

Defective, broken, or altered impact tools shall not be carried.

a. An officer who discovers an impact tool/device that is unserviceable mustimmediately cease carrying the item and, if issued by the Department, promptlysubmit a written request for replacement through the chain of command.

b. All officers shall receive the designated training on each impact tool or devicethat they intend to carry before carrying the tool or device on or off duty. Themandatory training will be recorded in the officer's permanent training record.Bureau and District Commanders will insure that the appropriate training iscurrent and documented for all officers under their commands.

105.03 Less Lethal Force and Control Options

Use of Impact Tools or Devices to Apply Deadly Force:

1. An impact tool or device is generally used as a "compliance tool" to overcomenon-deadly force exercised by a person resisting the officer's authority. However, incertain circumstances the impact tool or device can be properly used to apply greaterforce up to and including deadly physical force. Refer to CRS §18-1-707(2) for thecircumstances under which deadly physical force can be used.

2. Examples of reasonable deadly force applications of impact tool or devices include:a. Controlling a suspect who has disarmed an officer and the officer reasonablybelieves that the suspect is about to use the firearm against the officer oranother.


b. Controlling a suspect who is armed with a knife or other deadly weapon anddue to the suspect's close proximity, the officer reasonably believes that thesuspect is threatening the officer with imminent death or serious bodily injury.

105.03 Less Lethal Force and Control Options

Orcutt Police Nunchaku (OPN)

1. The Orcutt Police Nunchaku is an authorized safety tool primarily used for arrest controland self-defense. Other brands, designs, or types of nunchaku are not authorized.

2. Officers must first successfully complete a basic level OPN course authorized by theDenver Police Department prior to carry or use of the OPN in the performance of duties.3. Officers must successfully complete refresher training as required by the department.Officers failing to re-certify as required shall no longer carry or use the OPN in theperformance of duties.


4. If the OPN is used to strike a subject or injury occurs, whether or not an arrest is made, aUse of Force Report is required, in accordance with OMS 105.01(1).

105.03 Less Lethal Force and Control Options

Chemical agents may be used when reasonable and justified in the followingsituations:

a. To prevent an injury to an officer or a third person.

b. To ward off threatening dogs and other animals.


c. To subdue a person who is threatening or attempting physical harm to himselfor another.


d. Against subjects resisting arrest.


e. To quell rioting.


f. Against subjects interfering with an arrest.


g. Any situation where the officer can clearly articulate the need to deploy this device.

105.03 Less Lethal Force and Control Options

Authorization for use of a chemical agent, other than personal/individual issue, may notordinarily be given by an officer below the rank of sergeant. The use of a chemical agentfor crowd control or riot control must ordinarily be authorized by an officer of the rank of

lieutenant or higher, except in the event of an emergency were the officer in charge of afield situation cannot reasonably contact higher authority.
105.03 Less Lethal Force and Control Options

Acceptable application of the carotid compression technique:

To incapacitate a combative or physically resistive person whose conduct risesto the level of Aggravated Active Aggression. The purpose is to subdue theperson to the point they can be safely controlled and taken into custody. Thisuse of force option becomes necessary when other force options would beinappropriate or ineffective under the circumstances. (Aggravated ActiveAggression - Deadly force encounter)
105.03 Less Lethal Force and Control Options

Officers should be mindful not to apply direct pressure to either the front of the throat,back of the neck or head area either through compounded body weight, or directpressure from a knee or arm in an effort to

gain physical control of the person.Application of such pressure can cause unintended serious bodily injury or even death.
105.03 Less Lethal Force and Control Options

Canines assigned to the METRO/SWAT Bureau will be available to assist in

searches,crowd control, tracking, explosive and narcotic detection, security at scenes of majorcrimes or disasters, in addition to regular patrol duties and special assignments.
105.03 Less Lethal Force and Control Option

police service dog may be used to perform a search or apprehension in a reasonablemanner as determined by the handler and in compliance with all applicable laws andstatutes regarding police use of force, the Denver Police Department Use of Force Policy,and the Canine Unit Policies and Procedures when the following conditions exist:

a. When there is probable cause to believe the suspect has committed a crime or isa danger to themselves or others, and

b. When the suspect is actively evading efforts to take them into custody and theuse of a canine would reduce risk to officers or the public.

105.03 Less Lethal Force and Control Option

Should a police service dog injure any person:

a. The arrest scene and any criminal suspects will be immediately secured. b. The canine officer/handler will immediately request medical assistance. c. The injury will be reported on a Report of Use of Force, DPD 12, and inaccordance with the requirements of OMS 105.01, Use of Force Procedures. d. Injuries caused by the police service dog to persons who were not the subject ofthe search will be reported on a Use of Force Report.