Nyc Police Dept Taser Interim Order 2008

• Topics: Excessive Force, Stun Guns/Tasers

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INTERI~I
SLBJECT:

ORDER

l'SE OF CONDL'CTED

D.\ fE ISSL ED:

06-04-08

E~ERGY DE\lCES

REfER£:-4CE:

**P.G. 212 SERIES, P.G. 216-07,
P.G. 219-01 A"iD P.G. 216-{)5

(CEO)
:";L:\IBER:

I.
Conducted Energy Devices (CED), commonly known as the Taser, have been used by
members of this Deparunent since 1984 and have been an effective way of subduing aggressive suspects and
c:motionalJy disturbed peISOns in a sate 1l1aIlIlef".
.,
~fembers of the service are reminded that Patrol Guide 203-11, "Use of Force" discusses the
Department's policy on the use of force. When a situation calls for the use of force by a member of the
service, it should be noted that the application of force must be consistent with existing law and with New
York City Police Department values, by which we pledge to value human life and respect the dignity of each
individual. Only that amount of force necessary to overcome resistance will be used to effect an arrest or to
take a mentally ill or emotionally disturbed person into custody. Members will adhere to the Department's
policy on the use of force whenever less lethal devices such as the CEO are used in the field.
3.

A CED should only be used against persons who are actively physicaJIy reslstmg,

~xhibiting active physical aggression. or to prevent individuals from physically injuring themselves or other

person(s) actually present. Prior to using the CEO a member of the service should consider the totality of
the circumstances when deciding the minimum amount of force necessary to overcome resistance when
effecting an arrest or when taking mentally ill or an emotionally disturbed person into custody. Factors
to consider include, but are not limited to:
a.
officer, subject size disparity
b.
officer/subject strength disparity
c.
officer/subject age disparity
d.
officer's perception of the subject's willingness to resist
officer's perception of the immediate threat to the subject, members of the service
e.
and bystanders
f.
suspect's violent history, if known
officer's location is a hostile environment
g.
h.
officer's perception of the subject being under the influence of a
stimulant narcotic which would effect pain tolerance and violence.
4.
Additionally, in an effort to properly document the actions taken at the scene of an iocident in
\\hich a CEO and or other less lethal deYices or rescue equipment has been deployed. a new Department form
LESS LETHAL/RESCl'E EQl:IPME~T USE REPORT (PD326-151) has been established. This
n~w fonn is replacing the T.\SER l:SE REPORT (P030.... 150) and ~ON·LETHAL RESTRAINI~G

DE"ICE RESCl:E

EQl:IP:\fE~T REPORT

(P0326-150).

5.
Therefore. effective with the publication of this Order, members of the service authorized
lnd trained in the use ofa Conducted Energy Device (CED), will comply with the follo,"\-'ing procedure:

I of 10

NYC

PLRPOSE

To intonn members of the senice of circwnstances under which a Conducted Energy
De\ice (CED) may be intentionally used and to recoro instmces when a Conducted Energy
Oe\.ice has been used. CEDs \\ill only be used by authorized unifonned members of the
set'\<ice. Additionally. all patrol supetYisors and platoon commanders perfonning patrol
Juty assigned to the Patrol Sef\.ices. Housing and Trnnsit Bureaus \\ill be required to cany
a CED in a Department issued holster as authorized.

SCOPE

A Conducted Energy De\.ice (CED) can be an effective means of subduing suspects and
I.:motionally disturbed persons (EOP's) in a safe manner. A CEO is classified as a less lethal
device ani is intended to augment aJXI pro\ide a greater margin of safety for officers who
might othemise be torced to physically subdue a dangerous subject The use of a CEO is
\\ithin the range of use of less lethal devices such as pepper spray or a baton on the fon:e
contimwm due to its effectiveness at a distance and at close range.
A CEO should only be used agaimt persons \\oro are actively physically resisting.
exJubiting active physical aggression, or to prevent indivldua1s &om physically injuring
themselves or other person(s) actually present In many cases, a CED \\oill redoce or
eliminate the need for deadly pbysica.l fon:e. It will often reduce the potential for injuries to
members and suspects that may result from physical restraint ani should be regarded as a
pClS$Jble alternative to such fon:e and restraint, where practical. It is prolubited to use a
CEO in situations that do rot require the use ofphysical fon:e.

DEFINITIONS

CONDUCfEO ENERGY 0EVICE <CEO) - a <fe..ice primarily designed to disrupt a
subject's central nervous system by means of using electrical energy sufficient to cause
uncontrolled muscle contractions and override an iIJd:i\.idual's motor responses.
ACTIVATE (ACTIVATION)- To cause the CED to arm by releasing the safety,
thereby causing the CED laser sight to operate.

CARTRlDGE - a replaceable cartridge which discharges two darts on connecting wires
sending a high voltage low current signal into a subject
DARTS - probes that are discharged from a CEO and are designed to penetrate
the ski~ wires are attached to the probes leading back to the CEO.
DISCHARGE - To activate a CEO. depress the trigger and cause an electric
current to flow. Discharge will result in arcing (no cartridge is present) or darts
being fired (cartridge is present).
TOGCH STCN - To use the CED and discharge the device in a manner such that thehand-held Wlit makes direct contact 'With an intended subject's body. Touch stun mode
should only be used in exceptional circumstances and not as a primary method of use.
Therefore. \...·hen touch stun mode is used, an investigation will be conducted by £he
I.:omrnanding officer duty captain to determine ifthe CEO was properly used

I~TERJ'1 ORDER :\0.
2 of 10

ACTHORlZED L'"NIFO~"fED :V1E~fBER OF THE SER\lCE - .-\ uniformed
member of the service who has received authorized Department training in the use
of the CED.

DEFI~ITIONS

(continued)

fNVESTIGATI~G SCPERVISOR

a.
b.

- As used in this procedure wiJl be as follows:

The next highest ranking supervisor in the chain of conunand of the
member who discharged the CEO,
The conunanding officer.'duty captain for instances of touch stun incidents., when
CEO is used on a person in police custody or an accidental discharge of a CED has
occu.rrOO resulting in an injwy to any person.

,VOTE

if the im'estigating supervisor is from a command other than Patrol Services Bureau,
Housing Bureau or Transit Bureau and is not available, the investigating supen'isor will
be the next higher ranking supervisor from the Patrol Sen'ices Bureau. (e.g.. if a sergeant
assigned to a Highway Cnit discharges a CED and a lieutenant is unavailable from that
enit to inrestigate the discharge, a PSB lieutenant or duty captain will conduct the
investigation.)

PROCEDURE

To provide for control, accountability, issuance, use and investigation of the use
of Conducted Energy Devices (CEDs)":

COMMANDING
OFFICER

2.
3.

,VOTE

Designate a secure area under the control of the desk officer or
appropriate supervisor for the storage of CEDs and cartridges.
Ensure availability, operability, and distribution of CEDs assigned to the
command on all tours.
Ensure that all supervisors performing patrol duties in the command are
trained in the use of CEDs.
a.
ONLY authorized unifOlmed members of the setV1ce will be assigned
to carry CEDs.

When requesting a replacement or loaner ofa CED, replacement ofbatteries. chargers.
or holsters. commanding officers are required to prepare and deliver a Tjped
Letterhead wilh item(s) needing replacement, to the Commanding Officer, Fireanns and
Tactics Section.
When requesting replacement cartridges, commanding officers shall prepare and deliver
a Typed Lenerhead to the Commanding Officer, Firearms and Tactics Section and shall
(.Itlach a COP)': of the related LESS LETHAVRESCL:E EQtlPJIENT L:SE REPORT
(PD 320-151).

DESK OFFICER!

l'~IT

SCPER\lSOR

.-\ccount for all CEDs and cartridges assigned to the command at the
commencement of each tour.
\.fake a Command Log entry, include serial numbers.
a.
b.
Commands that do not maintain a Command Log will account
for CEDs and cartridges in an appropriate Department log.
.\ssign CEDs to authorized unifonned members of the seJ"\ice on each tour
taking into account the foI.lo\\ing:
I~TERI.\-I ORDER ~O.
3 of 10

!\Jvr

DESK OFFICER!
L~IT

Sl:PERYISOR

.-\t least one (1) operable CED must be assigned to a patrol supet"\isor
Jnd or platoon commander pertonning patrol duty at all times.
One ( 1) operable CEO must be maintained at the desk.

(cODtinued)
.vOTE

If f.1\wlable. additional CEDs ~. be assigntYi to other clUthori=ed wlt/anned memlxrs of the
sen ice throllghout the tour as determined by the commanding officer.
6.

8.
.U:THORIZED

9..

L~IFOR.l\1ED

\IE:\-IBER. OF THE
SER.\lCEI
PATROL
SLPERHSORI
PLATOON
COMMA.'WER

SOTE

Cany CEO only when trained by the Firearms ani Tactics Section
a.
CED must be carried on the non-shooting side, in a Department
b.

approved holster, attached to gunbelt, and secured to person.
Emergency Services Unit and uniformed personnel performing duty
in ci\-ilian attire, will carry CEO in a holster approved by Commanding
Officer, Firearms and Tactics Section and Commanding Officer, Special

Operations Division, as appropriate.
Only conducted energy devices al41horized by the Commanding Officer. Firearms and Tactics
Section .....ill be carried by members ofthe sen:ice. Carrying or use ofany other unauthorized
conducted energy de....i ce may result in disciplinary action.

10.

.VOTE

Indicate rank, name, shield number. tax number. as applicable. of
assigned member(s) in the Command Log.
a.
\lake entry on roll calL identifYing member\s) assigned a CEO for tour.
b.
Place notation ''CEO'' next to the name of member(s) assigned a CEO.
Ensure CEDs, without cartridge attached, are connected to charger, if
appropriate, while unassigned.
:"Jotify commanding officer when CEO is inoperable.

Inspect CEO to ensure operability.
a.
Point CED in safe direction
b.
Remove cartridge from CED
c.
Release the safety (place safety in "off' position)
d.
Ensure the laser is visible and that the battery status light
indicates device is energized
e.
Conduct spark test
f.
Replace battery if either laser is oot visible, battery status light does not
operate or if spark test results confirm a weak battery
g.
Re-inspect CEO unit after battery pack is replaced
h.
Engage safety
I.
Attach cartridge to CED.

Cartridges must be removed and sl:!cured aw~ from the CED prior to conducting an inspection.
.lccidental discharges rcs/dting in injuries may occur if a canndge is left attached to thl:! CED
\I hrle conducting an inspection.
.tfemhers are reminded that I!ach discharge is registered on the CED:s internal memory; that
records the Jate I1l1d lime o/each Jischarge. llten:jore. HheneH..T a CED is discfrarrsed fincluding
rJ spark fest fO ensure operahility or an uccidental discharge). 5uch discharge must be recorded in
:he ffU.mber's ACT/HTY LOG fPDlll-145). L'iVESnGATOR'S DAlLY Acm-ln'
REPORT (PD439-156), Command Log or other appropriate Department rtxord
I~TERJ'I ORDER ~O.
-t of 10

.\l"THORlZED
L:'OIFOR.'IED
:\IE:\IBER OF THE
SERVICEJ
P.\TROL
SLPERVISORJ
PL\TooN
CO:\L\lA.~ DER

II.

12.

13.

Infonn desk officer. supervisor if the CEO does not operate subsequent to
battery replacement, is inoperable, or requires repair replacement.
~(ake ACTl\-lTY LOG entry and include:
a.
Results of inspection
b.
Serial number of CED
c.
Name of desk officer. supervisor notified if CED is inoperable.
Return CEO to desk officer upon completion of tour.

l:SE OF CONDCCTED ENERGY DE'lCE (CED)
.\l·THORJZED
C:"4IFOR\lED
'IE~IBER OF THE
SERnCE!
PATROL
S l' PER\tlSOR/
PLATOON

14.

15.

CO~L~DER

,VOTE

CEDs should only be used against persons who are actively physically resisting,
exhibiting active physical aggression or to prevent individuals from physically injuring
tht'mselves or other person(s) actually present. ,"fembers ofthe service are reminded of
the availability ofEmergency Se1Vice Cnit.

16.

SOTE

Assess situation and determine if the use of a CEO would be appropriate.
Consider the totality of the circumstances when deciding the minimum
amount of force necessary to overcome resistance when effecting an
arrest or when taking mentaJly iJl or an emotionaJly disturbed person into
custody. Some factors to consider when determining the appropriate use
of force include but are not limited to:
a.
officer/subject size disparity
b.
officer/subject strength disparity
c.
officer/subject age disparity
d.
officer's perception of the subject's wiJlingness to resist
e.
officer's perception of the immediate threat to the subject,
members of the service and bystanders
f.
suspect's violent history, ifknown
g.
officer's location is a hostile environment
h.
0 fficer' s perception of the subject being l..lIlder the influence of a
stimuJantlnarcotic which would effect pain tolerance and violence.

Issue an appropriate warning, consistent with personal safety, to the
intended subject and other members of the service present prior to
discharging the CEO.

Discharge CED at the subject's back if possible. Amid discharging [he CED at an
indil'iduals head, neck. face, and groin. ifpossible.

.\-Iembers will!l!!! discharge two (1) CED's simultaneously on a subject.
When a CED is used against a subject it shall be for one OJ standard discharge I..'yc/e
and the member using the CED must then reassess the situation. On~v the minimum
11limbcr 0/ c)-des necessal}' to place lhe subject in clLstody shall be used. In no
slruatlon a iii more than three (3) standard discharge (.des he used against any
wbject. Otfict!rs are reminded %ther appropriate force options should the CED Jail.
I~TER1~1 ORDER :'00.
5 of 10

r-Jvr.

SOTE
(continued)

[t is stricdv prohibited to flSe rhe CED on ptT.50ns as a.lOnn ofcOf!T'Cion or punishment and on
fe.g.. going limp, offering no I1Ctp:e physical rl!Sistance).

~ons who passn't'ly resist

Whm possible. the CED should not be IlSed on children. the elderly. ob\iollSly pregnantji.males.
rhe frail. against subjects operating or n'ding on (~. moting (felice or \ehicle (e.g.. motorists.
hicvclists. skateboarders) \lhert' rhe subject may/all \lhile it is in motion or in situations IInert' the
subject may./all.from an t'ierated s/lljace.
nit: CED should not be LLsed \I'hen combustible gas~'s ortlammable liquids are pn'.w:nl.

.\l·THORJZED

17.

l'~IFOR"IED

'IE~IBER OF THE
SER\lCEI
PATROL
Sl:PERVlSORJ
PLATOON
COl\-L%\NDER

18.

19.
20.

21.
.VOTE

Restrain individual, and secure CED.
a.
Effect arrest of criminal suspect against whom CED was used.
b.
Comply ",ith PG. 210-/3. "Release ofPrisoner - Gt.'neraJ Procedure"
if arrested person did not conunit the crime or no crime was
committed.
c.
Comply with P. G. 216-05. "Uentally III or Emotionally
Disturbed Persons, .• when appropriate.
Request response of FDNY Emergeocy Medical Service (EMS), if person
received a CED discharge.
a
Any person who has been struck by a CEO dart or who has had a CED
used on him or her in touch stun mode must be examined at a medical

facility.
Render reasonable aid as necessary.
Break the CEO wire by hand approximately four (4) to six (6) inches from the
dart. taking into account the circunlstaJxes including the stanJs of the subject
a
Any dart that has penetrated the skin of any person \\'ill only be removed
by medical personnel
Safeguard CED cartridge.

If aCED mzs discharged and the darts did not make ~ contact aith the subject (e.g.. skin,
clothing, etc.), the wire connecting the dart to the cartridge may be broken by hand. The dart
pornon shall be disposed olin a "sharps" conlainer and the spent cartridge may be disposed ofin
the trash and not \'OUChered. An investigation ••iO still be conducted by the im'eStigating
supenisor regarding the use ofthe CED.
Spent CED cartn'dges used by Emergency Sen1ce Cnit personnel will be safeguarded and
\'ollchered, when appropriate. by the command ofrecordfor the subject on whom the CED
a'as IlSed.

DESK OFFICER!

22.

PATROL
Sl"PERVISORJ

13.

I~VESTIGATOR'S

PL-\TOO~
COM~tA~DERJ

24.

r~IT

SLPERVISOR

Request response of investigating supervisor.
Identify witnesses and record names

25.

in .\CTI\lTY LOG,
DAILY ACTl\lTY REPORT or Command Log

as appropriate.
Assign member of the service to ride in body of ambulance with prisoner
or aided.
Direct member of the service to take photographs of points of contact on
subject's body resulting from CED darts or touch stun.
I~TERJ'f ORDER ~O.
6 of 10

I\lvr

~6.

.-\SSIG~ED
C~IFOR.\IED

:\IE;\IBER OF
THE SERVICE

27.

28.

29.

30.

[nfonn hospital statT that a CED has been used on the individual.
a.
Record name of person notified in ACTIVITY LOG.
Photogrnph points of contact on subject's body resulting from CED darts or
touch stun.
a.
Photos should be taken in a manner to maintain the subject's
pm<ICy, W hen appropriate (e. g., behind curtain, priyate room, etc.).
Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET
(PD244-150) and ;\IEDICAL TREAT;\fE~T OF PRISONER (PD
244-1 SO) in arrest situations.
Complete AIDED REPORT WORKSHEET (PD304-152b) in !!Q!!arrest situations.
Prepare PROPERlY CLERK'S INVOICE WORKSHEET (PD521-141a).
a.
Cartridge used will be placed in a Plastic Security Envelope and
delivered to desk officer, include photographs, when applicable.
b.
Ensure PROPERlY CLERK'S INVOICE nWIlber is docwnented in
appropriate DepaI1Inent fOnTIS prepared

.VOTE

Darts will not be vouchered but should be disposed of in a "sharps" container by
medical personnel. Jlembers 0/ the senice should refrain from handling a dart (hat
has been removedfrom a subject.

I:'JVESTIGATI:'JG
Sl'PERVISOR

3].
32.

33.

34.

COMMANDING
OFFICER!
DL'TY CAPTAIN

35.
36.

37.

Conduct investigation regarding use of CED.
N"otify Firearms and Tactics Section:
a.
Obtain "FrS CED Log Number"
b.
Enter "FrS CED Log Number" and name of person notified in
Telephone Record.
Prepare LESS LETHAL/RESCUE EQUIPMENT USE REPORT.
a.
Prepare REPORT when probes are discharged regardless of
whether probes made contact with subject.
b.
Enter "FTS CED Log Number" on REPORT
c.
Deliver REPORT to commanding officer.
Deliver copies of other reports prepared in connection with CED usage
to commanding officer.
Conduct investigation when required to act as investigating supervisor.
Prepare a Typed Letterbead with results of investigation and include
recommendations (e.g., recommend disciplinary action, retraining, use was
within guideJines, etc.)when:
a.
CEO is used in touch stun mode only
b.
L'sed on a person in police custody
c.
Accidental discharge of a CED has resulted in an injury to any
person.
.\ttach copy of Typed Letterhead. if prepared. to the completed LESS

LETfL-\LRESCrE
38.

EQrIP~IE~TrSE

REPORT.

Distribute copies of Typed Letterhead. when prepared. and attached
LESS LETIULRESCrE EQL'IP~IE~T l'SE REPORT to the
following:
I~TERI.\I ORDER :\0.

-: of 10

~IYr

'1"0

CO:\I~L-\~DING

OFFICER!
DUTY C.\PT.\.IN
(continued)

c.
d.
~.

oW.

~{aintain a log. database for CED usage.
Maintain copies of LESS LETHALJRESCl:E EQUIP:\-IENT l'SE
REPORTS in a binder and input data into database.
Maintain a database of information regarding LESS LETHALIRESCCE
EQUIPMENT USE REPORTS.
Compile data regarding use and effectiveness of CEOs used by members
of the Department.
Compile a list of CEO usage on a monthly basis and forward to the Chief
of Department.
Incorporate relevant infonnation into tactical training.

45.

Review adequacy of investigations and appropriateness of CEO usage.

CO:\Il\U~DING

39.

OFFICE~

-lO.

FIREAR:\IS AND
TACTICS
SECTION

41.
42.

43.

CO"L"IA~DING

Chief of Oeparonent (THROCGH CHA~'}IELS)
Chief, Internal Affairs Bureau
Bureau Chief concerned
Conunanding Officer, Firearm and Tactics Section (DIRECT)
Commanding Officer concerned

OFFICER,
I~VESTIGATION

REVIEW
SECTIO~

ADDITIONAL
DATA

REL4.TED
PROCEDl:RES

FORJ1SASD
REPORTS

If a CED has been seized jor investigative purposes. it is the responsibility oj the
investigative unit to ensure a notification is made to the Commanding Officer. Firearms
and Tactics Section. Commands which have had aCED seizedjor investigative purposes
will be responsible jor retrieving the CED upon the conclusion ojthe investigation.
Prisoners Requiring MedicaliPsychiatric Treatment (P.G. 210-04)
Release ojPrisoner - General procedure (P.G. 210-13)
Aided Cases General Procedure (P. G. 2 J6-0 I)
.\.lentally III or Emotionally Disturbed Persons (P. G. 216-05)
In ....o icing Property- General Procedure (P.G. 218-01)
Required Equipment (P. G. 204-fJ9j
Gse ojForce (P.G. 203-ll)
Deadly Physical Force (P.G. 203-12)

PROPERTY CLERK'S INVOICE WORKSHEET (PD511-UIA)
.4IDED REPORT WORKSHEET (PD 304-152B)
lESS lETHALlRESCL'E EQf.,JP.'1ENT LSE REPORT (PD 310-151)
O,V-LJ.VE BOOKLVG SYSTEM ARREST WORKSHEET (PD 255-159)
.l.fED/ell TREAT.'1£,VT OF PRISONER (PD 244-159)
ACTIVITY lOG (PDl12-U5)
I.vVESTIGATOR'S DAIl YACTI"1TY REPORT (PD439-156)
Typed Letterhead

I~TERl\-1 ORDER :'10.
8 of 10

"IV"""

Accordingly, Patrol Guide 110-07, "Prisoners - L'nusual Occurrence"

6.
follows:

amended as

ADD new subdivision "'f'. opposite "DEFINITION", on page "'1n to read:

Is subdued with a Conducted Energy Device."

"DEFINITION

.\DO new subdivision ",!!n, opposite actor "COMMANDING OFFICER OR
DUTY CAPTAIN", on page "'1" to read:

"CO~L"IA"iDI~G

OFFICER OR
Dl.TV CAPTAIN

Commanding 0ftIcer, Fireanns and Tactics Section, if a
Conducted Energy De\-ice was used to containlrestrain a
prisoner. "

7.
Patrol Guide .219-01, "Inspection of Department Vehicles Each Tour By Operator" is
amended as follows:
a.

DELETE subdivisions /Jof through i", opposite "NOTE", on page "'1".

RE"lSE cwrent subdivisions "j and k", opposite "NOTE", on page "'~" to read:
"f and g"

REVISE new subdivision '''In, opposite "NOTE", on page "1" to read:
"~.

RE\1SE step
page
"[.

8.
as follows:

"'~"

subdivision

"!",

opposite "VEffiCLE OPERATOR", on

"!" to read:
Three (3) foot polvcilrbonille shield"

rn addition, Patrol Guide 216-D5, "Mentally mand Emotionally Disn.Irbed Persons" is amended
a.

. "CO.\f.\IA~DI~G
OFFICERiDlTY
CAPTAI~

Thre( (3) foot pg/vcilrbenate shiell!"

REVISE step "24", opposite "COrvIMANDING OFFICER DUTY CAPTAIN",
on page ..~" to read:
24.

Direct use of alternate means of restraint, if appropriate,
according to circumstances."

'-"TERnf ORDER -"0.
9 of 10

~Ivr

". fDDITlO.Y-lL

Qild

REVISE the "ADDITIONAL DATA" statement under subheading "CSE OF
SOJV-LETHAL DEnCES TO ASSIST LV RESTRALVISG EJIOTIOX-lLL Y
DISn"RBED PERSO,VS ", on page ..~" to read:
.•uthon.ed uniformed members o( the service may use a conducted energy deviu
(CED) to assist in restram;ng emotionallv d;sturbed persons. i(necessary.
Emergency Service {'"it personnel will obtain the permission o( the Emergency
Service enit supervisor prior to utili;;"g aCED, e.Tfept in ermergencies.
Authomed members of the service will be guidrtl by Interim Order 10, series 100B,
"r-" ofeondHfWIEnergv DrneR (eEm, when f! CEP has bun utilized.
LESS LET/lAVRESCt-E EOl/IPMENT eSB REPORT (PD 310:JJIJ win be
prepqred whenever 9 less lethq/ restr4in;ng device or rescue eqHipment is used by a
uniformed member tdt", serrife in the performance o(f/Htv.

The Commanding Qffku, InytWatipll Revirw SeetY",. wi!l col/ate stqtistkal
;nfontlgtipn recorded On th, REPORTS, and will forward q monthly report to the
Oflke ofth, ChiefofDrpqrtmml bv the seventh (7Ih) business day ofeqch month."

9.
Effective immediately, commands will discontinue using Department form TASER USE
REPORT (PD304-150) and the NON-LETHAL RESTRAINING DEVICE / RESCUE EQUIPMENT
l'SE REPORT (PD320-150) and use NEW Department fonn LESS LETHALIRESCUE
EQUIPMENT USE REPORT (PD320-151).
10.
\Vherever the form "TASER USE REPORT (PD304-150)" and the "NON-LETHAL
RESTRAINING DEVICE I RESCUE EQUIPMENT USE REPORT (pD326-1SO)" appears in the
Department Manual or other Department directives, REPLACE it with "LESS LETHALJRESCUE
EQL"IPMENT USE REPORT (PD320-151)".
11.
Commands will immediately requisition the below listed fOmI through the Quartermaster
Section using the following information:

\l,

INO EX :'lUMBER

PD NU:\fBER

2214

PD320-151

TITLE
LESS LETHALIRESCUE
EQl:IP:\-lENT l:SE REPORT

12.
Any provisions of the Department Yfanual or any other Department directive in conflict
ith the contents of this order are suspended.

BY DIRECTIO;"li OF THE POLICE CO)nnSSIONER
OISTRIBLTIO~

.-\11 Commands
I:'OTERI'" ORDER "0.
10 of 10

~Ivr

FIREARMS CYCLE ATTENDANCE
CYCLE ATTENDANCE HISTORY
TAX NUMBER:

LAST NAME:

DATE: 04108I2OO8

903644
COLEMAN

ARSTNAME:
COMMAND:

RANK:OTS

CYCLE YEAR

CYCLE

2008
2007
2007
2006
2006

cycle 1
cycle2
cycle1
cycle2
cycle1

ATTENOANCE OATE
03/2512008
07/30/2007
05/1412007
08/04/2006

0111212006

TIME:

PATRICK
EMER SERV

10:32.22

sa 06

COURSE 10
ESU REQUAL(CYCLE)
ESU REQUAL(CYCLE)
ESU REQUAL(CYCLE)
ESU REQUAL(CYCLE)
ESU REQUAL(CYCLE)

Platoon

OBOOx1600
0800x1600
0800x1600
0800x1600
0800x1600

TIIAczrf..V A....ril Ii ?MQ

LOC
ODR
ODR
ODR
ODR
ODR

TERM: RNGF

NEW YORK CITY POLICE DEPARTMENT

SCRN: HQFC

FIREARMS CYCLE ATTENDANCE
CYCLE ATTENDANCE HISTORY

E~TER
~AST

THE TAX
NAHE:

RANK: DTS

~UMBER:

COLE~ffiN

DATE: 04/08/2008
TIHE: 12:41:55

+------------------+

903644

MARKSMAN: NO
FIRST NAME: PATRICK

HI: R

SCORE:

COMMAND: 456 - EMER SERV SQ 06

DATE:
FIREARM:

CYCLE YR

CYCLE CODE

ATTENDANCE
DATE

========

==========

2002

CYCLE 2

2002

SPECIAL 1

2003

CYCLE 1

2003

SPECIAL 1
CYCLE 1

20Q4
2004

SPECIAL 1

2005

CYCLE 1

2005

CYCLE 2

2005

SPECIAL 1

2005

SPECIAL 2

+------------------+
COURSE 10

LOC

=====~=======~~=======================

10/14/2002
10/14/2002
06/17/2003
06/17/2003
04/14/2004
04/14/2004
01/26/2005
08117/2005
01/26/2005
08/17/2005

9MM SEMI AUTOMATIC REQUALIFICATION COU

ODR

EMERGENCY SERVICE UNIT REQUALIFICATION

ODR

9MM SEMI AUTOMATIC REQUALIFICATION COU

ODR

EMERGENCY SERVICE UNIT REQUALIFICATION
9MM SEMI AUTOMATIC REQUALIFICATION COU

ODR
ODR

EMERGENCY SERVICE UNIT REQUALIFICATION

ODR

9MM SEMI AUTOMATIC REQUALIFICATION COU

ODR

9MM SEMI AUTOMATIC REQUALIFICATION COU

ODR

EMERGENCY SERVICE UNIT REQUALIFICATION

ODR

EMERGENCY SERVICE UNIT REQUALIFICATION

ODR

* THE END *
MSG:
PF2=LOOKUP GUNS

PF3=RETURN

PF7=BACKWARD

...IV,.....

PF8=FORWARD

TERM: RNGF

NEW YORK CITY POLICE DEPARTMENT

SCRN: t-1QFC

FIREARMS CYCLE ATTENDANCE

DATE: 04/08/2008
TI ME: 12: 39 : 19

+------------------+

CYCLE ATTENDANCE HISTORY
EN~ER

THE

~AX

LAS? NAME:
RANK: DTS

NUMBER:

MARKSMAN: NO

903644
FIRST NAME: PATRICK

CO~EMAN
COM~ffiND:

i'H:

SCORE:

DATE:

456 - EMER SERV SQ 06

FIREARM:

+------------------+

ATTENDANCE

CYCLE YR

CYCLE CODE

DATE

=:::::==-=======

==========

======================================

1999

CYCLE 1

03/0511999

9MM SEMI AUTOMATIC REQUALIFICATION COU

AXR

1999

CYCLE 2

07/19/1999

9MM SEMI

ODR

1999

SPECIAL 1

07/30/1999

EMERGENCY SERVICE UNIT TRAINING

ODR

2000

CYCLE 1

01/31/2000

9MM SEMI AUTOMATIC REQUALIFICATION COU

ODR

2000

CYCLE 2

07/26/2000

9MM SEMI

REQUALIFICATION COU

ODR

2000

SPECIAL 1

01/31/2000

EMERGENCY SERVICE UNIT REQUALIFICATION

ODR

2001

CYCLE 1

01/30/2001

9MM SEMI AUTOMATIC REQUALI.FICATION COU

ODR

2001

CYCLE 2

07/23/2001

9MM SEMI AUTOMATIC REQUALIFICATION COU

ODR

2001

SPECIAL 1

01/30/2001

EMERGENCY SERVICE UNIT REQUALIFICATION

ODR

2001

SPECIAL 2

07/23/2001

EMERGENCY SERVICE UNIT REQUALIFICATION

ODR

2002

CYCLE 1

10/14/2002

9MM SEMI

COCRSE 10

AUTO~ffiTIC

AUTO~TIC

AUTO~ffiTIC

LOC

REQUALIFICATION COU

ODR

MSG:
PF2=LOOKUP GUNS

PF3=RETURN

PF7=BACKWARD

PF8=FORWARD

DATE: 04/08/2008
TERM: MISPRDA
NEW YORK CITY POLICE DEPARTMENT
TI ME: 12: 50 : 3 1
PGN : FISPRAOl
RANGE DATA - 1985 TO 1998
ENTER THE TAX NUMBER:
903644 (REQUIRED)
ENTER THE DATE RANGE FROM YEAR
TO
(OPTIONAL)
TO SHOW GU~S FOR GIVEN DATE, PLACE CURSOR ON DATE AND PRESS F2.
=.AST NAl-'1E: COLENAN
FIRST NAME: PATRICK
MI: R
RANK: DTS
COMMAND: 456 - EMER SERV SQ 06
ATTENDANC~
COURSE
RANGE
DATE
DESCRIPTION
LOCATION
=::::::====::===::::

=========~==========

========

03108/1994
05/01/1995
07/31/1996
04/22/1997
08/11/1997

SEMI
SEHI
SEMI
SEMI
SEMI

OR
OR
OR
OR
OR

MSG:
PF2=LOOKUP GUNS

3 DAY
1 DAY
1 DAY
1 DAY
1 DAY

94-1
95-1
96-2
97-1
97-2

PF3=RETURN

PF7=BACKWARD

I\IVf""

PF8=FORWARD

o
('

M-26 QUALIFICATIONS

"·'lb"16AfE'TRAiN'EdRANKt,."·,·,·,,.',~LAST·NAME'~-:~·~'1"":t1'FiRSf-).JAME'

3859

1/1/2000DET

COLEMAN

4/10/2008

'".

•

~ I~ I; " ' ,

' ".

,. '-''':,' "'ASSiGNMENT"

' ..

PATRICK

Page 1

COURSE: LESS-THAN-LETHAL
WEAPONS

TRAINEE LEVEL:NEWLY PROMOTED
SERGEANTS

LESSON: LESS-THAN-LETHAL WEAPON
COURSE

DURATION:' EIGHT (8) HOURS

PREPARED BY:

REVISED

DATE PREPARED:

BY: P.O. M. STEIN
P.O. E. MALONEY &
P.O. V. KRILL

INSTRUCTIONAL GOAL:

DATE REVISED: MAY 1997
FEBRUARY 1998

This course of instruction is designed to
qualify newly promoted sergeants with the
less-than-Iethal weaponry currently being
used by the N.Y.C.P.D. and to instruct them
in the proper tactics and techniques for
their use.

INSTRUCTIONAL OBJECTIVES: AT THE CONCLUSION OF THIS COURSE OF
INSTRUCTION EACH STUDENT WILL BE ABLE TO:
1.

LIST all presently available less-than-Iethal devices in use
by the NYPD.

LIST and EXPLAIN the applications of each less-than-lethal
device.

DEMONSTRATE proper tactics for the utilization of the
less-than-lethal weapons.

DEMONSTRATE proper use of the TASER during a practical exercise.

METHOD OF PRESENTATION:
LECTURE - DEMONSTRATION
Q & A

CLASSROOM REQUIREMENTS:
CHALKBOARD
SEATING FOR UP TO 80 STUDENTS

DISCUSSION
STUDENT PARTICIPATION

STUDENTS MATERIALS:

FTS LESSON PLAN: NONLETHL.DOC

TRAINING AIDS:
TASER
NOVA
SHEPHERDS CROOK
POLYCARBONATE SHIELD
VELCRO RESTRAINING STRAPS
INERT PEPPER SPRAY
WATER CANNON
P.G. SECTION 106-11

BIBLIOGRAPHY: Tasertron
Operator,s
Manual
MSI Instructor
Manual

TRAINING SCHEDULE

0700-0730

0730-0815

A) POLYCARBONATE SHIELD
B) SHEPHERD'S CROOK
C) WATER CANNON
D) VELCRO RESTRAINING STRAPS

0815-0830

BREAK

0830-0930

PEPPER SPRAY

0930-0945

BREAK

0945-1045

A) NOVA STUN GUN
B) TABER

1045 -1100

BREAK

1100-1200

TASER QUALIFICATION

1200-1300

MEAL

1300-1330

VIDEO - "THE HANDLING OF EMOTIONALLY DISTURBED PERSONS"

1330-1500

SIMULATOR TRAINING (F*A*T*S*)

I-IVr

INTRODUCTION
With the introduction of Non-Lethal Devices to the patrol
force and support units, we as police officers must have a basic
understanding of each of their capabilities to accomplish the task
of restraining individuals.
We must understand that upon
deployment of these devices, each MOS is NOT an individual but
part of a team; and any action by any individual means that the
entire team is committed to action.
Many actions taken are of a
temporary nature designed to disorient individuals.
If temporary
actions are not followed with quick restraining actions by another
MOS, the individual can recover completely with little residual
effect; and there can possibly be an inflammatory effect making a
situation worse. This type of event must be guarded against, if
possible.
The Non-Lethal devices include; the shield, water cannon,
shepherd's crook, and velcro straps.
In addition, the TASER and
NOVA can effectively be used.
However, only by the patrol
supervisor or ESD, exclusively. Situations involving individuals
with firearms precludes the use of the devices previously
mentioned and all MOS are so warned. The devices listed have been
effective tools used to restrain and apprehend individuals with or
without weapons. Whenever weapons (other than firearms) are
possessed, or presumed to be possessed by persons, extra care must
be taken to prevent injury to the MOS.
We must also realize in
every situation that each situation may be different - each with
factors that may require different solutions.
We cannot say that
anyone device is better than another.
POLYCARBONATE SHIELD (NOT BULLET RESISTANT)
Technical Data:
-approximately 5" x 28"
-3/8" thick
-17 pounds
One strap, quick release leather. One handle, aluminum. Designed
for weakhand use.
The arm is placed through the leather strap and the
hand grasps the handle.
For right hand shooters the sign "POLICE" is
legible.
For left hand shooters the shield is inverted and the sign
"POLICE" is upside down.
The aluminum handle is affixed by four (4) nuts and bolts. The strap
is affixed by two (2) nuts and bolts.
If any are missing then the shield
is put out of service.
Likewise, if a hole or crack is apparent, then
the shield is put out of service.
The shield is large enough to offer
protection for more than one person and can be used as such.
USES:
The shield is mainly a defensive tool protecting the MOS from blows
or attack by hands and some weapons.
However, it can also be used
offensively to assist in restraint of individuals.
It is most important
to remember: Any MOS using a shield must not let a person grab hold of
the shield.
The main problem being le'ferage that can be used against the
MOS.

""VI""'"

Any time we feel this possibility exists, either step backwards or
drive the shield directly into the opponent, whichever is deemed more
effective.
Using the shield in this offensive manner, however, may
precipitate further action by the entire team.
The shield has been shown
to withstand blows from fists, rocks, and bats; with little damage
resulting.
It should be noted that extremely cold weather can make the
shield somewhat brittle, so we must be forewarned.
The shield can have many uses and we are only limited to our own
ideas.
Possible uses can include: opening doors where dogs are possibly
present, peering around corners when firearms are not present, and
overhead protection from items dropped.
Firing other weapons including:
mace, TASER, water cannon, and the service revolver is also possible.
The shield can offer the MOS cover from weapons other than firearms in a
moment's notice.
WATER CANNON
Technical Data:
-a fire extinguisher filled with 2.5 gallons of water
-pressurized to approximately 100psi
-useful range to 10 feet
The water cannon emits a powerful stream of water directed towards
the upper chest, neck, and head area of the opponent.
It is used mainly
as a delaying or disorienting tactic so that another device can be
deployed.
Patrol supervisors have the water cannons in addition to ESU.
The
supervisor is responsible to check or delegate inspection to another
MOS.
This device is only filled with water and NO other chemicals or
additives such as antifreeze can be contained inside.
Extra care must
be taken during winter months to prevent freezing. Do not place water
cannon in the back seat of the RMP because it may become a projectile
should the vehicle stop abruptly. The gauges on the cannon, if
equipped, cannot be trusted. An actual test, before each tour, is
necessary.
Filling the water cannon is done by unscrewing the cap
(making sure there is no pressure in the tank).
The handle and firing
unit are removed from the tank and the canister is then filled with
water.
Most water cannons are equipped with a sleeve inside the mouth
of the tank and water is filled to the bottom of the sleeve.
If there
is no sleeve then fill to approximately 3/4 full.
After filling, the
top is screwed back in place and HAND TIGHTENED.
The tank must now be
pressurized by compressed air (availability may be limited).
Once
pressurized, the device is ready and the safety pin is put in place.
Upon deployment, the MOS chosen to handle the water cannon must
realize that this device can effectively disorient a person, however,
only lasting up to a few seconds. Other MOS must also know that upon
the utilization of the water cannon another means of restraining the
individual must follow immediately, otherwise benefits of the weapon
are lost. The benefits are seen when persons are not aware that the
liquid is merely water.

" '"

NOTE:
Excessive use of the water cannon may result in creating a
slippery and hazardous condition to responding members of the service.
At close distances water sprayed directly into the eyes can have a
possible damaging effect.
ESU has used this device extensively and has
seen excellent results with minimal injuries.

SHEPHERD'S CROOK
Technical Data:
-five to ten feet long
-two or three pieces
-pole with a hook attached to the end
-obtained from supervisor's RMP
The shepherd's crook can be an effective means of taking a person's
mobility away by pulling the feet out from under the opponent. When
used during or immediately after another Non-Lethal device, benefits
are realized more efficiently; especially when the opponent has
different things happening over which he has no control.
The other
devices that can be used in conjunction with the shepherd's crook
include: Pepper spray, Taser, Nova, Water Cannon, and Polycarbonate
Shield.
The shepherd's crook is usually used with the opponent facing the
MOS.
The hook portion is placed on the ground with the opened end up
and is then pushed between the legs of the opponent.
If he then
realizes the purpose of the device and tries to lift his foot, then the
crook is turned open end to the other foot, hooked and pulled out from
under the opponent.
With the opponent on the floor, the device can be
tossed aside and restraints utilized.
It is apparent that the time element is the biggest and most
important factor.
By having the MOS prepared to strike at the
instant the legs are taken out; the weapon is most effective.
Conversely, if the opponent can stand up again, then the advantage
of the device is lost.
The shepherd's crook can have many other uses, not discussed
here, such as; opening and closing doors, etc.

'mLCRO RESTRAINING STRAPS
Technical Data:
-used by health care professionals to position patients
-three size lengths
-straps can stretch and open to ease handcuffing
The most important item to remember about these straps is that
they are not a substitute for handcuffs. Velcro Straps can be
pulled apart and should not be used as such.
However, when they
are used together, they can protect all MOS involved.
The most effective use of straps is after handcuffing, use two
(2) long straps - each one going under an arm and around the other
so that one strap is not around the body and both arms.
Person
can separate Velcro Straps depending on their strength. After a
person has been strapped, smaller velcro straps can pass inside
two larger straps and around a handcuff chain. Another small
strap around the legs can stop kicking.
After using the straps, secure the individual to a backboard
or stretcher - stomach down to further insure safety from kicking
during transport.

~Ivr

SUMMARY
The patrol supervisor is the only person authorized to use the
TASER and the NOVA.
If the patrol supervisor is not available,
the MOS will use their discretion when utilizing any of the other
Non-Lethal Devices.
All MOS involved should realize that one
device should not be counted on entirely for effectiveness.
A back up plan should be used and should include one or more
of the other devices.
Such a plan can maximize effectiveness and
reduce the risk of injury.
Just because we are using these
weapons it does not exclude the use of More Lethal Devices - we
cannot predict all situations.
These devices merely give the MOS
an opportunity to try a Non-Lethal means of restraining persons.

ZONE

SAFETY

An attempt will be made to maintain a zone of safety.
The
recommended distance for the Zone of Safety is twenty (20) feet or
greater than the effective range of the weapon (OTHER THAN A
FIREARM) .
INSTRUCTOR WILL DEMONSTRATE.

A chain is only as strong as its' weakest link. All MOS at
the scene where Non-Lethal Devices will be used must work together
to maximize the effectiveness of the operation.
If the use of one
or more of these devices can stop an assailant's actions and
prevent or reduce injury, we should give it a try!

ROLE PLAY

The role play will be made up of five (5) volunteers from the
class and one (1) instructor. Each of the 5 persons participating
in the role play will choose from: the shield, the water cannon,
the velcro straps, the shepherd's crook, or the mace. The
instructor will play the part of the EDP. There will be NO
PHYSICAL CONTACT!!!!
The object of the role play will be to see
how the officers set up a defense and work as a team against the
EDP.
The officers will verbally describe their actions when
confronted with the situation, and the audience will also be able
to respond with their ideas.

INTERIM ORDER No. 29

POLICE DEPARTMENT
CITY OF NEW YORK

April 23, 1985

TO ALL COMMANDS
Subject:

PROHIBITION AGAINST CHOKE HOLDS

1.
Effective immediately, choke holds, which are
potentially lethal and unnecessary, WILL NOT be routinely used by
members of the New York City Police Department.
2.
Choke holds will ONLY be used if the officer's life is
in danger or some other person's life is in danger and the choke
hold is the least dangerous alternative method of restraint
available to the police officer.
3.
Any provisions of the Department Manual or other
Department directives in conflict with this order are suspended.

BY DIRECTION OF THE POLICE COMMISSIONER

DISTRIBUTION
All Commands

WHAT IS THE TASER?
The Taser is a device that is classified as a non-lethal
weapon. The Taser does come with a serial number from the factory.
The Taser basically, is a less-than-lethal device that is able to
electronically immobilize individuals by involuntary muscle
spasms. In other words, the Taser is designed to stop an attacker
by sending an electric current through the attacker's body. The
electric current makes the attacker loose control of his/her
muscles. Since the attacker no longer has the ability to stand up
straight, he/she will fall to the ground. Handcuffs can then be
placed on the attacker with little to no injury to the attacker or
the officer.

HOW DOES THE TASER WORK?
Each Taser is equipped to hold two (2) cassettes, which
contain two (2) darts. The darts have a fishhook, or barbed tip.
Upon activation these darts are fired from the Taser device by
primers. As the darts depart from the Taser device they are
trailed by insulated wires that are still attached to the main
body of the cassette.
The top dart will fire from the TASER
straight trailed by fifteen (1S) of insulated wire.
The bottom
dart is at a twelve (12) degree downward angle trailed by sixteen
(16) feet of insulated wire. The darts will penetrate the skin of
the attacker up to one quarter (1/4) of an inch.
Once the darts
are attached to the skin the officer controlling the Taser device
can now transfer 50,000 volts of electrical current to the
attacker. This electrical current causes an involuntary
contraction of the muscles between the two darts similar to a
"charlie horse effect", so that the attacker will have difficulty
standing or continuing hostile activities.
OPERATION OF THE TASER
1) Perform a safety check
a)
b)
c)
d)

check insulation
check battery wires
check safety operation
Hold UNLOADED TABER up to a mirror and hold trigger down
for five (S) to ten (10) seconds.
Each side of the
trigger bar should be tested and it should operate between
8 and 22 pulses per second.
e) With the safety on properly insert two (2) RED cartridges
NOTE: Always load the cartridge furthest from the center of
the body first to avoid passing one's hand in front of a
loaded cartridge.

2) Batteries
The TASER is designed to utilized 7.2 volt rechargeable
Nickel/Cadium type batteries. The using of alkaline type of batteries
will result in the TASER burning out.
Initial charging of the
batteries is sixteen (16) hours.
Recharging of the batteries is then
for eight (8) hours.
3) Firing
In order for the TASER to perform optimally it must obtain a
dart spread of at least six (6) inches but no more than twenty-four
(24) inches.
To achieve this spread the TASER must be fired at
distances of no less than four (4) feet and no greater than twelve (12)
feet.
Once fired the operator must hold the trigger down for five (S)
to ten (10) seconds in order for the device to be effective.
If no
effect is observed fire the second cartridge.
It should be noted than
failing to hold the trigger bar down for five (5) to ten (10) seconds
is the most common reason for TASER failure providing both TASER darts
are making contact with the body. Once the individual is subdued the
safety should be placed on and the wires leading to the darts should be
clipped. The individual should then be taken to a hospital where the
darts can be removed and their condition can be evaluated.

AREAS OF THE BODY TO BE AVOIDED
The TASER is not equipped with any sights however the safety
located on the top of the TASER can be used to roughly sight in
the device.
If the device is canted to the left or right while
the darts are being discharged the top dart may contact with the
body while the bottom dart may miss.
If both darts do not make
contact with the individual the TASER will not be effective. The
Taser should not be aimed at an individual's face. There is a
possibility that one of the darts will hit an individual's eye. If
the eye is hit by one of the darts lose of vision from that eye
may occur permanently. probably the eye area is the only part of
the human body where contact will cause permanent injury. Again it
will be stress that aiming at the head, or the eye should be
avoided. The manufacturer also states that the neck area (carotid
artery), breasts, and genital areas should be avoided to prevent
serious injury.
Therefore the area of the body an officer should
aim the TASER is the back.
This will prevent injury to any of the
above stated areas and will also restrict the individual's ability
to pullout the darts.

....IV,.....

NOTE: If contact is made to the eye from the Taser, you should
immediately wrap gauze bandages around the wound and
transport the individual to a hospital as soon as possible.
Under no circumstances should you take the dart out of the
eye, or any part of the body. Darts should only be removed
by a doctor in a hospital.

TASK # 4 - RESTRAINING THE INDIVIDUAL
It should be clearly understood that once the decision has
been made by you to use the Taser device, and you fire the weapon
at someone, you CANNOT send another officer to handcuff the
attacker while he/she is under the influence of an electrical
current. If you are sending a current to an attacker and an
assisting officer touches the Tasered person, then they too will
have an electrical surge pass into his body. Once you Taser an
individual, he must be convinced to stop his hostile activity.
Once the individual has ceased his actions then you can send an
assisting officer over to cuff the individual. Of course, the
darts will remain in the attacker's body. If the individual starts
his hostile actions again the assisting officer will step back,
and an electrical surge can be sent to the attacker, to convince
him to cease his activities.

TASK # 5 - REMOVAL OF THE TASER DARTS
Once the individual has been rear cuffed and has ceased his
activities, the MOS who fired the Taser device should make sure
the safety is on and then remove the used cassette from the Taser.
The MOS or a designee then wrap the trailing wires around the used
cassette until he gets within 4 to 6 inches of the darts where he
will brake the trailing wires. The used cassette will be vouchered
for safekeeping along with the Taser darts after they have been
removed by a doctor in a hospital.
Very simply, under no circumstances should the Taser darts
removed from an individual by an officer. Removal of the Taser
darts must be done by a doctor in a hospital. If an officer
attempts to remove the Taser darts from the attacker, he (the
officer) can inflict unnecessary damage to the attacker. Also,
officer leaves himself wide open for any lawsuits the attacker
bring on at a later time. The Taser darts should be taken from
hospital staff by the officer and vouchered.

NOTE:

the
may
the

If possible, MOS vouchering the Taser darts should ask the
hospital staff to place the darts in a puncture proof
container, especially since they have been in contact with
the individual and may be contaminated.

"IVf"

TASK # 6 - FORMS AND REPORTS
Once an officer has used the Taser device he should make
certain that proper reports are filled out. The Taser darts, after
being removed by the hospital staff, should be vouchered on a
"Property Clerk's Invoice". The "Taser Discharge Report" must be
filled out by the officer and signed by a supervisor. A UF-49
(typed letterhead) should be made out by a supervisor and attached
to the Taser Discharge Report.

NOVA POLICE SPECIAL
STUN GUN

The NOVA Stun Gun is a hand held less-than-lethal weapon that
functions similarly to the TASER in that it delivers 40,000-45,000
volts of electricity at very low amperage.
The NOVA will also cause
involuntary muscle contractions to any part of the body it makes
contact with.
The NOVA is designed as a hand held weapon however this
device can only be used with the "NOVA Extention". This is a five (5)
foot pole designed to hold the NOVA device and allow activation at a
greater distance.

COURSE:

LESS-THAN-LETHAL WEAPONS

TRAINEE LEVEL:

LESSON:

FUNCTIONS AND GUIDELINES
FOR USE OF O.C. SPRAY
(OLEORESIN CAPSICUM)

DURATION: THIRTY (30) MINUTES

ALL

PREPARED BY;

P.O. S. PEREZ

DATE PREPARED; APRIL 1993

REVISED BY:

P.O. M. STEIN

DATE REVISED:

FEB. 199B

INSTRUCTIONAL GOAL:
THIS COURSE OF INSTRUCTION IS DESIGNED TO
MAKE OFFICERS AWARE OF APPROPRIATE GUIDELINES WHEN UTILIZING THE
DEPARTMENT AUTHORIZED OLEORESIN CAPSICUM (OC) SPRAY WITH REGARDS
TO EFFECTIVENESS, PHYSICAL LIMITATIONS, LEGAL AUTHORITY, AND BASIC
FIRST AID.
INSTRUCTIONAL OBJECTIVES: AT THE CONCLUSION OF THIS BLOCK OF
INSTRUCTION THE OFFICER WILL BE ABLE TO:
1.

STATE THE APPROPRIATE GUIDELINES TO FOLLOW FOR USING OC SPRAY.

LIST and EXPLAIN THE PHYSICAL LIMITATIONS OF OC SPRAY.

EXPLAIN and DEMONSTRATE BASIC FIRST AID PROCEDURE TO
NEUTRALIZE EFFECTS OF OC SPRAY.

CITE and EXPLAIN THE LEGAL AUTHORITY FOR THE USE OF OC SPRAY.

DISCUSS and EXPLAIN THE POSITION OF OC SPRAY IN THE USE OF
FORCE CONTINUUM AS A VIABLE LESS-THAN-LETHAL ALTERNATIVE.

METHOD OF PRESENTATION:
LECTURE/DEMONSTRATION
VIDEO

CLASSROOM REQUIREMENT(S) :
25+ PERSONNEL
CHALKBOARD
TV & VCR

STUDENT MATERIALS:

TRAINING AIDS:
INERT OC SPRAY

BIBLIOGRAPHY:
PAFTS LESSON PLAN: RT0598
MSI MANUAL: OC SPRAY
INSERT "HYDROMIST" PACY...AGE
1.0. 9, SERIES 1998(02/06/98)

.... 'Vi""'

INSTRUCTORS CHECKLIST
The department will be issuing a new pepper spray device
during the 1997 cycle. This new device is manufactured by MSI
(Mace Security International). All necessary information
regarding this new device is included in the following lesson
plan.
Listed below is a brief outline of all information that
must be delivered to all members of the service who are to be
issued the new pepper spray device.
It will be the instructors
responsibility to ensure that each officer understands all of the
following information before completing the training session.
1.

The new device has an effective range of up to fifteen
(15) feet and is not to be fired at distances less than
three (3) feet or permanent eye damage may occur.

The new device must be carried in an authorized holder on
the non-shooting side of the body with the nozzle facing
away from the body and upward.

A maximum of two (2) one-second bursts are recommended.
Exceeding this recommendation will waste valuable time and
increase the chance of the officer becoming contaminated
with the pepper spray.

If the pepper spray device remains stationary for a
period of time it must be shaken to ensure
maximum effectiveness.
Wearing the pepper spray device
during normal patrol duty should be sufficient to keep the
solution thoroughly mixed.

Once an individual has been sprayed and is subdued first
aid must be given as soon as practical. The first aid
procedure is the following:
a.

Remove individual from contaminated area.

position subject on his/her side or in a
sitting position to promote free breathing.
The subject should not be maintained or
transported in a face down position. DO NOT
SIT, STAND OR KNEEL ON SUBJECT'S CHEST OR
BACK.

FLUSH the contaminated area with large amounts
of cool/cold water. DO NOT rub the skin.

EXPOSE person sprayed to fresh air, with face
into the wind.

A non-oil based soap may be used to wash
affected areas.

First Aid (continued)

NOTE:

AVOID applying any oils, salves, or
grease-based medication as these will only
aggravate the condition, and may cause
blistering of the skin.

ASCERTAIN AS SOON AS POSSIBLE AFTER A PERSON
IS EXPOSED whether contact lenses are being
worn. The manufacturer STRONGLY RECOMMENDS
contact lenses be removed as soon as possible
after exposure. Contact lenses left on the
eyes and contaminated for more than one (1)
hour may cause serious eye injury.
Persons
exposed should be advised to clean their
lenses as usual as soon as possible after
exposure.

ADVISE ALL OFFICERS THAT THEY MAY EXPERIENCE SOME MILD
EFFECTS OF THE PEPPER SPRAY WHILE THEY ARE TRYING TO SUBDUE
THE INDIVIDUAL OR RENDERING FIRST AID (COUGHING AND SOME
BURNING TO THE EYES). EACH OFFICER MUST WASH THEIR HANDS
ONCE THE SITUATION IS UNDER CONTROL OR THEY MAY EXPERIENCE
MORE SERIOUS EFFECTS OF THE PEPPER SPRAY.

If an individual begins to exhibit signs of severe stress
or panic (Hyperventilation etc.) the officer should try to
calm the individual by explaining what has occurred and
that the effects are only temporary.
Every effort should
be made to have the individual lie on their side to ease
their ability to breathe.

Advise all officers that the pepper spray device must be
fired in an upright position with the nozzle up and
pointing away from them or a loss of the propellant may
occur.

Show the portion of the video tape "MSI instructional
video" where the Dallas Sherrif's Department is exposed to
pepper spray.
Instructors will advance the tape (22:06)
twenty-two minutes, six seconds from the beginning, and
stop it (5) five minutes later at (27:06) twenty-seven
minutes, six seconds.
This segment shows the effects
of the spray, first aid, and shows an individual
experiencing "Acute Hyperventilation Syndrome".

f\rv('"

Limitations:

DO NOT spray OC directly into the wind.
A strong wind may cause
the agent to "blow-back" into the officers face.
If this happens,
officers are well advised NOT TO PANIC and to comply with 1.0. 9
SERIES 1998 02-06-98 (esp. first aid) AS SOON AS POSSIBLE.
DO NOT spray OC at distances less than three (3) feet or in
small, contained areas, (e.g. inside auto, closet, hallway, etc.).
DO NOT use in an area where INFANTS, ELDERLY are present and
likely to be contaminated.
AVOID use in areas where there may be PREGNANT WOMEN as it may
induce labor in advance stages of pregnancy.
DO NOT use on persons with KNOWN respiratory conditions.

NOTE: INSTRUCTORS SHOULD ADVISE ALL M.O.S. WHO ARE BEING ISSUED
THE M.S.I. PEPPER SPRAY THAT PRIOR TO THE DEPARTMENT RECEIVING THE
PEPPER SPRAY M.S.I. TESTED THE FUNCTIONING OF EACH INDIVIDUAL
CANISTER AND THAT THERE MAY BE SOME RESIDUE THAT IS LEFT IN THE
CHAMBER BEHIND THE NOZZLE.
THIS RESIDUE HAS BEEN REPORTED TO LEAK
OUT OF THE NOZZLE ON TO THE CANISTER. AFTER M.O.S. RECEIVE THEIR
PEPPER SPRAY THEY SHOULD BE INSTRUCTED TO WIPE ANY RESIDUE OFF OF
THE CANISTER THAT MAY HAVE LEAKED OUT DURING SHIPMENT.
ADDITIONALLY, ANY M.O.S. WHO DISCHARGES THEIR PEPPER SPRAY SHOULD
WIPE OFF ANY RESIDUE THAT MAY CONSEQUENTLY LEAK OUT.

INTRODUCTION
The Pepper Spray device currently being issued by the
Department is the MSI MKIII device.
The MKIII device has a
greater range than the pepper spray device formerly used by this
department (up to fifteen (15) feet under ideal conditions).
With
the issuance of the new pepper spray device each officer must also
purchase a new pepper spray holder from the equipment section.

OC spray is an organic substance derived from the fruit of the
cultivated species of the genus capsicum pepper plant grown in New
Mexico, Mexico and South America. It is classified as an
INFLAMMATORY and as such has the following effects:
1.
2.

extreme burning sensation of skin and involuntary closing
of the eyes.
inflammation of the mucous membrane, upper respiratory
tract and esophagus.

OC spray is more effective than Chemical Mace (eN) in a number
of important ways. The following list describes its' effectiveness
in MOST cases:
1.
2.
3.
4.

effective
effective
effective
effective

against
against
against
against

intoxicated persons
drug-induced persons
emotionally disturbed persons (EDP)
animals in general

Each pepper spray canister contains a 10% solution of
oleoresin capsicum (OC) in a carrier of water pressurized at 155
PSI utilizing an environmentally friendly propellant containing
nitrogen gas.
NOTE:

The MSI pepper spray device must be shaken if it remains
stationary for an extended period of time. Members of the
service carrying their device on their duty rig while on
patrol need not shake the device prior to its use provided
the canister was shaken at the start of their tour.

AUTHORITY FOR USE:
OC spray should be an officers' FIRST LINE
possible, when confronting an unarmed, violent
violent EDP, person violently resisting arrest
violently assault an officer or other person).
advantages of using OC over the baton.

OF DEFENSE, if
person (e.g.
or attempting to
There are

The use of OC spray can reduce the possibility of physical
injury, serious physical injury, or death to officers and suspects
if used properly.
This reduction would undoubtedly decrease the
amount of civil lawsuits brought against individual officers and
the Department.

Officers should be reminded that physical force of any degree
that involves striking, is generally perceived at the very least
as unnecessary and at most, brutal or excessive by the community,
regardless of whether the force is authorized and deemed necessary
by the officer(s). The use of OC WILL REDUCE the frequency with
which officers' may be FORCED TO resort to physical contact, with
unarmed, violent persons resisting arrest/control.
Another consideration is the possibility of officers striking
a suspect that may be infected with contagious or communicable
diseases. This act may place officers and other emergency
personnel in danger due to the increased probability of an open or
bleeding wound. Additionally in the event that officers must
subdue infected persons with open wound(s) sustained previously,
the use of OC spray may afford officers the time to don any
necessary protective clothing before effecting an arrest.
Student officers must be made aware that goal oriented
individuals may still pose a threat to subduing officers.
In some
situations the use of the pepper spray may at best just cause a
pause in combat, officers should reassess the situation and devise
alternate tactics to control the situation.
Advise officers that
once pepper spray is employed there is a strong possibility that
they may become personally affected by the spray. This
contamination may just cause coughing and discomfort to the eyes
or very serious effects depending upon the level of contamination.
Once an individual is subdued each officer must thoroughly wash
their hands and avoid having any of their clothing from making
contact with their face.
Once an officer employs their pepper spray they should take a
few steps to the rear and laterally away from their adversary to
avoid an unexpected attack from a goal oriented individual.
under the provisions of SECTION 35.30 subdivision I, NEW YORK
STATE PENAL LAW, a peace officer, in the course of effecting or
attempting to effect an arrest, or preventing or attempting to
prevent the escape from custody, of a person whom he/she
reasonably believes to have committed an offense, may use PHYSICAL
FORCE when and to the extent he/she reasonably believes such to be
necessary to effect the arrest, or to prevent the escape from
custody, or to defend himself/herself or a third person from what
he/she believes to be the USE or IMMINENT USE OF PHYSICAL FORCE.
Under SECTION 35.10, subdivision 4, of the NEW YORK STATE
PENAL LAW, PHYSICAL FORCE may be used to the extent it is believed
necessary in thwarting a person who is about to commit suicide or
to inflict serious injury upon himself/herself.
The provisions of the NEW YORK STATE MENTAL HYGIENE LAW,
Section 9.41, allows a peace officer to take into custody any
person who appears to be mentally ill and is conducting
himself/herself in a manner which is likely to result in SERIOUS
This includes suicidal,
PHYSICAL INJURY to self or others.
homicidal, or other violent behavior in which others are placed in
reasonable fear of SERIOUS PHYSICAL INJURY.

It follows, therefore, that the use of chemical
agents/irritants is permitted by law under certain circumstances.
The New York City Police Department REQUIRES that persons who are
intentionally subjected to authorized organic irritants (OC) by
the police MUST BE ARRESTEO, unless mentally ill (comply with P.G.
106-11: Aided Cases - Mentally III or Emotionally Disturbed
Persons) or accidentally exposed.
There are, however, situations where an arrest is not
feasible, (e.g. large crowd preventing the arrest of a person,
person is either affected minimally or not at all, and escapes,
officers are being attacked from another source and must
immediately react/retreat) .
The VOIDED ARREST PROCEDURE (P.G. 110-7) should be complied
with if, after investigation, it is revealed that the person
sprayed with the agent did not commit the crime for which they
were arrested and no other reasonable cause exists for further
detaining this person, or if no crime was in fact committed.
REPORTING DISCHARGE OF OC SPRAY:
In all arrest situations the "chemical agent" box and related
captions shall be checked in the use of force section of the OLBS
(PD244-159) worksheet.
Prepare MEDICAL TREATMENT OF PRISONER form (PD244-150) for a person
who is arrested to alert Central Booking and Department of Correction.
Prepare AIDED REPORT WORKSHEET (PD 304-152bJ if pepper spray
is used on a person who is not arrested, e.g. EDP, and check box
"O.C. Spray Used." List the time, doctor's name, and diagnosis
under "Details" caption, when applicable.
HOLSTER:
The holster for the MSI OC spray device must be purchased from
the equipment section prior to the issuance of the pepper spray
and is worn on the non-shooting hand side of the officer's
gunbelt. The user will operate the device with the non-shooting
hand.
The holster is made of black leather with a velcro closure in
which the canister is carried with the nozzle facing upward and
away from the body position.

FIRING:
When it becomes necessary to fire the OC spray at someone, the
canister is withdrawn from the holster and held with its' head
upright in the non-shooting hand. Point the device at the FACE of
the subject.
The user need only insert the thumb between the safety lever
and depress the actuator button. The spring loaded safety cover
will move up and out of the way and the user need not be concerned
about any other safety devices which would impede using the
device. DO NOT fire the device in an inverted position.
This will
result in loss of the propellant charge.
OC spray MUST be fired directly at the face to be effective.
Its' effective range is three (3) to fifteen (IS) feet.
DO NOT
FIRE LESS THAN THREE (3) FEET from the subject since the pressure
of the spray at close distances can cause damage to the eye due to
the "Hydraulic Needle Effect" also firing the pepper spray at
close distances can cause the spray to splashback onto the officer
causing him/her to become contaminated.
The following are recommended methods of firing OC spray at a
frequency of two (2) one-second bursts:
1.
2.
3.
4.
5.
6.

criss-cross: "X"
cross
: " t 1I
serpentine: "S"
circular
"0"
low to high (suspect with glasses)
side to side (Method recommended for multiple adversaries)

NOTE:
OFFICERS SHOULD BE REMINDED THAT OC SPRAY IS LESS EFFECTIVE
ON A PERSON WHOSE EYES ARE CLOSED. THEY THEREFORE SHOULD ENDEAVOR
TO SURPRISE THE SUSPECT WHEN USING THIS TYPE OF AGENT IN ORDER TO
OBTAIN MAXIMUM EFFECTIVENESS

SITUATIONAL USE:
The MSI OC spray may be used in situations when the police
officer, WHILE IN PERFORMANCE OF OFFICIAL DUTIES HAS TO USE
PHYSICAL FORCE either to protect against assault or to restrain or
subdue a person.
It is a valuable tool that should be used with
sound judgement and ONLY WHEN NECESSARY.
Pepper Spray may be carried OFF-DUTY and MUST be carried
while performing duty in civilian clothes. (See r.o. 9, series
1998)

LIMITATIONS:
DO NOT spray OC directly into the wind.
A strong wind may cause
the agent to "blow-back" into the officers face.
If this happens,
officers are well advised NOT TO PANIC and to comply with I.O. 9
02-06-98 SERIES 1998 (esp. first aid) AS SOON AS POSSIBLE.
DO NOT spray OC at distances less than three (3) feet or in
small, contained areas, (e.g. inside auto, closet, hallway, etc.).
DO NOT use in an area where INFANTS, ELDERLY are present and
likely to be contaminated.
AVOID use in areas where there may be PREGNANT WOMEN as it may
induce labor in advance stages of pregnancy.
DO NOT use on persons with KNOWN respiratory conditions.
PROHIBITED USE:
Irritant agents were designed to enable police officers to perform
their duties in a more efficient and humane manner when dealing with
unarmed, violent persons. If used properly, OC spray will reduce the
risk of injury to the officer, suspect and members of the community.
However, once a violent person has been subdued and brought under
control, there is NO FURTHER JUSTIFICATION to continue the use of the
agent against the subject. Additionally, officers attempting to subdue
a person who has been sprayed SHOULD MAKE EVERY EFFORT NOT TO POSITION
THE PERSON FACE DOWN.
This action may exacerbate the effects of the OC
spray due to the compression of the chest.
This compression may cause
shortness of breath due to heightened anxiety at the perception of
"suffocating", asthmatic attacks, and possibly heart attacks.
Accordingly, officers SHOULD MAKE EVERY EFFORT TO keep the person
sprayed UPRIGHT, and should attempt to engage them in conversation in
order to assure proper breathing and clear airway.
This tactic also has
a calming effect on the person once the realization sets in that they
have not been seriously injured. OC spray is classified as a
LESS-THAN-LETHAL weapon when used in appropriate dosage and
concentrations, exceeding recommended dosages is HIGHLY DISCOURAGED.
IT SHALL NOT be used as a THREAT to force a person to comply with an
officer's verbal order, when no physical violence is imminent.
IT SHALL NOT be used against any person who is verbally abusing a police
officer, or to illicit information from any person.
OFFICERS ARE PROHIBITED from car~/ing or equipping themselves with any
agent or similar device other than the DEPARTMENT ISSUED.
AT NO TIME SHALL the device be used by unauthorized or untrained
personnel.

FIRST AID:
As soon as the person is restrained and under control, first
aid shall be administered as follows:

Remove person from contaminated area and EXPOSE to fresh
air source.

FLUSH the contaminated area with large amounts of
cool/cold water. DO NOT rub the skin.

A non-oil based soap may be used to wash affected areas.

AVOID applying any oils, salves, or grease-based
medication as these will only aggravate the condition, and
may cause blistering of the skin.

ASCERTAIN AS SOON AS POSSIBLE AFTER A PERSON IS EXPOSED
whether contact lenses are being worn.
The manufacturer
STRONGLY RECOMMENDS contact lenses be removed as soon as
possible after exposure. Contact lenses left on the eyes
and contaminated for more than one (I) hour may cause
serious eye injury.
Persons exposed should be advised to
clean their lenses as usual as soon as possible after
exposure.

NOTE:

Although the effects of the agent generally dissipate
within fifteen (IS) to twenty (20) minutes, officers
should reassess the suspects' condition after thirty (30)
minutes.
Transport prisoner/aided to emergency room of nearest
hospital, if requested or if symptoms persist.
a. Window on the exposed person's side of auto
should be kept opened when transporting by RMP.
Transport prisoner to precinct of occurrence if
hospital treatment is not required.
If necessary, request EMS ambulance to respond to
assist in flushing the subject's face and to
evaluate physical condition.

upon arrival at the hospital, officer(s) should inform medical
personnel of the ty~e of agent (OC) used on the subject, and the
first aid procedures administered.

Additionally, officers SHOULD advise medical personnel of
existing manufacturers recommendations that exposed persons:
remove contact lenses, affected clothing, facial makeup; and
shower with soap and water to dissipate the effects of OC.
As stated previously, the first aid procedure shall also be
followed in the event that the officer or an innocent civilian is
ACCIDENTALLY EXPOSED to the agent.
CARE AND MAINTENANCE:
The use of inert plastics and non-corrosive metals makes
maintenance virtually unnecessary. Officers should CAREFULLY wipe
or blow away any dust or lint that may have collected on the
device or in the holster, taking care NOT to depress the actuator
button.
In the event of an ACCIDENTAL DISCHARGE that affects
either the officer or another person comply with 1.0. 9 SERIES
1998 02-06-98 especially ALL first aid procedures described
therein.
General Prohibitions:
1.
2.
3.

NEVER puncture the body of the device.
DO NOT subject to temperature which may exceed 120 degrees
Fahrenheit.
NEVER tamper with, or remove, the actuator button.

DETERMINING PERCENTAGE OF FORMULATION REMAINING:
The manufacturer states that each canister contains about
forty (40) one-half second bursts. When a member of the service
believes that their pepper spray is close to empty they must
obtain a typed letterhead (UF49) from their Commanding Officer
stating that they are in need of a new pepper spray device. The
member concerned will then present the form to their borough
command to receive a new pepper spray device.

SUMMARY:
1.

Device is worn on non-shooting side of belt.

Device is NOT A REPLACEMENT FOR THE FIREARM. It is
useful in situations which indicate that physical force is
necessary.

OC spray may be used against groups/crowds ONLY IF
OFFICERS HAVE BEEN SPECIALLY TRAINED IN DISORDER CONTROL
TACTICS AND WITH PROPER AUTHORITY.

Maximum effective range is three (3) to fifteen (IS) feet.

DO NOT spray at distances less than three (3) feet.

A maximum of two (2), one - second bursts are recommended.
Reassess situation to determine if spray is effective and
re-employ if necessary.

Use of OC spray MUST be reported to desk officer
of precinct of occurrence (1.0. 9 SERIES 1998 02-06-98).

Subject of an intentional discharge MUST be arrested
(unless EDP or accidental). Void arrest if necessary.

Persons accidentally contaminated NEED NOT be arrested.
Prepare aided card and follow first aid procedure.

10.

Use ALL appropriate first aid procedures.

11.

OC spray is NOT appropriate in ALL situations.
Careful consideration should be given before its' use
to avoid unnecessary injury to innocent members of the
community or to officers. The use of force must
ALWAYS be the minimum amount necessary to achieve a
legitimate objective.

~IVf'

INTERIM ORDER #9 SERIES 1998
PATROL GUIDE REFERENCE 116-48
DATE: 02-06-98

SUBJECT:

USE OF PEPPER SPRAY DEVICES

1.
Interim Order 92, series 1994, introduced the procedure for the
use of Oleoresin Capsicum pepper spray. Since then, the Department has
made the transition to a new, larger canister of pepper spray, (MKIII).
In conjunction with this change, some procedural modifications
governing the use of pepper spray devices have been implemented.

2.
In order for pepper spray to be effective, it must be aimed and
discharged into a subject's eyes, nose, and/or mouth.
Ideally, the
canister should be held in an upright position and the pepper spray
discharged in two short bursts of approximately one second each.
If
these initial bursts miss, or are ineffective, members should be
prepared to use an alternate means of physical force, or other tactics,
as appropriate.
It should be noted that if a subject struck in the
face by the pepper spray is not incapacitated, continued spraying will
probably not work.

3.
Uniformed members of the service should attempt, when
practical, and consistent with the safety of all persons involved, to
de-escalate the situation before using pepper spray or other force.
The following techniques may be employed, when appropriate:

a.
b.
c.
d.
e.

Act and speak in a calm, deliberate manner
Maintain a safe distance from the subject
Listen to the subject and request his/her cooperation
Explain the consequences (e.g., additional charges) of
the subject's behavior if he/she does not cooperate
Request assistance of patrol supervisor and additional
members, if available.

Therefore, effective immediately, Patrol Guide procedure
"Use of Mace Devices," is suspended and the following procedure
will be complied with the use of pepper spray is necessary:
4.

116-48,

~Ivr

PURPOSE

To inform uniformed members of the service of
circumstances under which pepper spray may be
intentionally discharged and to record instances where
pepper spray has been discharged, intentionally or
accidentally.

SCOPE

Use of Oleoresin Capsicum (O.C.) pepper spray
constitutes physical force under the New York State
Penal Law.
Use of pepper spray is proper when used in
accordance with Article 35 of the Penal Law and
Department procedures. O.C. pepper spray may be used
when a member reasonably believes it is necessary to
effect and arrest of a resisting suspect, for
self-defense or defense of another from unlawful force,
or to take a resisting emotionally disturbed person
into custody.
In many cases, pepper spray will reduce
or eliminate the need for substantial physical force to
effect an arrest or gain custody.
It will often reduce
the potential for injuries to members and suspects that
may result from physical restraint and it should be
regarded as a possible alternative to such force and
restraint, where practical.
Pepper spray shall not be
used in situations that do not require the use of
physical force.
O.C. pepper spray may be used in
arrest or custodial restraint situations where physical
presence and/or verbal commands have not been, or would
not be, effective in overcoming physical resistance.

PROCEDURE

When necessary to use pepper spray device:

UNIFORMED
MEMBER OF
THE SERVICE

Aim and discharge pepper spray, into a subject's
eyes, nose, and/or mouth for maximum effectiveness
in two (2) short one-second bursts and only in
situations when the uniformed member of the
service reasonably believes that it is necessary
to:
a. Protect self, or another from unlawful use of
force (e.g., assault)
b. Effect an arrest, or establish physical control
of a subject resisting arrest
c. Establish physical control of a subject
attempting to flee from arrest or custody
d. Establish physical control of an emotionally
disturbed person (EDP)
e. Control a dangerous animal, by deterring an
attack, to prevent injury to persons or animals
present.

Effect arrest of criminal suspect against whom
pepper spray was used and charge with crime which
initiated use of the pepper spray.
a. Add resisting arrest charge, when appropriate

b. Patrol Guide procedure 110-07,

"Release of
Prisoner" will be complied with if it is
determined that arrested person did not commit the
crime or that no crime was committed.
c. Patrol Guide 106-11, "Aided Cases - Mentally
III or Emotionally Disturbed Persons," will be
complied with, when appropriate.

NOTE

Do not use pepper spray on subjects who passively
resist (e.g., going limp, offering no active physical
resistance). If possible, avoid using pepper spray on
persons who appear to be in frail health, young
children, women believed to be pregnant, or persons
with known respiratory conditions. Avoid discharging
pepper spray indiscriminately over a large area for
disorder control.
(Members who are specifically
trained in the use of pepper spray for disorder control
may use pepper spray in accordance with their training,
and within Department guidelines, and as authorized by
supervisors. )

Request the response or Emergency Medical Services
(E.M.S.) once the situation is under control and
if the subject requests or needs medical
attention, but does not require immediate
transportation to the hospital.
a. Advise person sprayed that E.M.S. is
responding.

NOTE

If prisoner does not request or need immediate medical
treatment, transport to the station house (except if
E.D.P.) .

TJNI FOP..MED

MEr1BER OF
THE SER'lICE

(continued)

Remove the subject from the contaminated area and
expose to fresh air while awaiting the arrival of
E.M.S., or transportation to hospital/station
house if tactically feasible.

I\IV'-'

Position subject on his/her side or in a sitting
position to promote free breathing.
a. The subject should never be maintained or
transported in a face down position.
b. Do not sit, stand, or kneel on subject's chest
or back.

Provide assistance to subject as follows:
a. When consistent with member's safety, and
provided a source of water is readily
available, the uniformed member should flush
the contaminated skin area of a subject with
profuse amounts of water.
b. Repeat flushing at short intervals, if
necessary, until symptoms of distress subside,
c. Continue flushing the contaminated skin of the
subject in custody, at the station house as
needed.
d. Commence the flushing of a subject's
contaminated skin upon arrival at the station
house, if this has not already been done.

NOTE

Do not rub or touch skin of contaminated person, as the
initial effect of pepper spray does not dissipate for
15 - 20 minutes. Also, do not use salves, creams,
ointments, commercial eye washes or bandages.
The Desk
Officer will ensure that all prisoners who have been
sprayed with pepper spray, receive appropriate first
aid, if needed, upon arrival at the station house.
Desk Officers are also responsible for ensuring that
prisoners who have been sprayed with pepper spray are
properly observed throughout the arrest process, and
that they receive prompt medical attention if they need
or request it. A Command Log entry will be made
stating whether the prisoner has had his/her skin
flushed with water, been examined by E.M.S., or been
transported to the hospital.

Transport prisoner immediately to the emergency
room of the nearest hospital if he/she is
demonstrating difficulty breathing, or exhibiting
signs of severe stress, hyperventilation etc.
a. Windows of transport vehicle should be kept
open
b. Members who come in contact with persons who
have been exposed to pepper spray must
thoroughly wash their hands afterward and avoid
having any contaminated clothing make contact
with their face.

Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET
(PD 244-159) and MEDICAL TREATMENT OF PRISONER (PD
244-150) in arrest situations.

Complete the AIDED REPORT WORKSHEET (PD 304-152b)
in non - arrest situations, e.g. EDP, and:
a. Check box "O.C. Spray Used"
b. Enter rank, name, and tax registry number, of
each MOS who discharged spray in the "Details"
caption
c. List the time, doctor's name, and diagnosis
under "Details" caption, when applicable.

NOTE

The AIDED REPORT WORKSHEET has been amended to include
an "D.C. Spray Used" check box.

COMMANDING
OFFICER
M.I.S.D.

10.

Provide a quarterly printout of all arrest and
aided incidents where pepper spray was discharged
to the commanding officer, Firearms and Tactics
Section.

COMMANDING
OFFICER
FIREARMS AND
TACTICS
SECTION

11.

Analyze situations where O.C. spray was employed
to evaluate its effectiveness.
a. As appropriate, modify existing training!
tactics relative to the use of pepper spray.

"lee

ADDITIONAL
DATA

The only pepper spray authorized for use is the type
issued to all uniformed members through the Firearms
and Tactics Section.

In order to maintain the effectiveness of the spray, i t
is recommended that the device be shaken at the start
of each tour.
Carrying the pepper spray device during
normal patrol duty should be sufficient to keep the
solution thoroughly mixed.

Pepper spray will not automatically stop all subjects,
and even when it does incapacitate, the effects are
temporary.
Members should therefore be ready to use
other appropriate force options and tactics.
When performing duty in uniform, the pepper spray shall
be carried in its holster attached to the non-shooting
side of the gun belt. When performing enforcement duty
in civilian clothes the pepper spray must be carried,
either in the holster attached to a belt or in another
appropriate manner.
Undercover members may opt not to
carry the pepper spray. The pepper spray device may be
carried during off-duty hours by members of the
service.
RELATED

Aided Cases - General (P.G. 106-1)
Aided Cases - Preparation of Aided Report Worksheet
(P.G. 106-11)
Aided Cases - Mentally III or Emotionally Disturbed
Persons (P.G. 106-11)
Arrests - General (P.G. 110-2)
Release of Prisoner (P.G. 110-7)
Prisoner Medical Treatment (P.G. 112-03)
Hazardous Material (P.G. 116-39)
Hostage/Barricaded Persons (P.G. 117-12)
Lost or Damaged Uniform (P.G. 120-21)
Loss or Theft of Department Property (P.G. 125-15)

FORMS AND
REPORTS

AIDED REPORT WORKSHEET (PD304-152b)
ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159)

5. Interim Order 92, series 1994, is REVOKED.
6. Any provisions of the Department Manual or other
Department directives in conflict with this order are suspended.

BY DIRECTION OF THE POLICE COI1MISSIONER
DISTRIBUTION
All Commands