Less Lethal Weapons
Summer

2007

Model Policy and Procedure
for Public Safety Officers

2nd Printing

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Michigan Municipal Risk
Management Authority
law Enforcement Advisory Committee

LESS LETHAL WEAPONS
MODEL POLICY AND PROCEDURE FOR PUBLIC SAFETY OFFICERS
Departments that
have a good less
lethal weapons
policy in place, and
have trained their
officers in using the
policy, can better
protect the officers
and the public.

•

INTRODUCTION
[n today"s law enforcement climate. the use of less
lethal weapons can be an important contributor to
public safety. Of course, it is important that officers
know the proper guidelines for the use of less lethal
weapons. This model poliC)! and procedure offers
~1MR~1A Member departments with a guide by which
they can draft their own protocols for the use of less
letha! weapons.
Departments that have an effective and appropri·
ate protocol in place and have trained their officers in
using the protocol. can better protect the officers and
the public. While this poliC)! and procedure is
intended as a model. it can be modified by Member
departments as needed to best serve the needs of
each community.
POLICY STATEMENT
It is the policy of the (blank) Police Department to
utilize the amount of force that is objectively
reasonable considering the totality of circumstances
that are confronted in order to effect an arrest, and/
or accomplish the lawful performance of duty. while
protecting the public.
PURPOSE
This procedure is intended to provide general
guidelines for the use of less lethal munitions and
the use of an Electro-J\1uscular Disruption Device
(EMDl commonly referred to as a TASER.
APPLICATION
This order constltutes departmental policy and is
not intended to enlarge the employee's or the
department's civil liability in any way. It should not
be construed as the creation of a higher legal
standard of safety or care in an evidentiary sense
with respect to third party claims insofar as the
employee's legal duty is imposed by law. Violations
of this directive. if substantiated. can only form the
basis for intradepartmental administrative sanctions.
DEFINITIONS
A. Less Lethal Munitions: These are types of
munitions which can be fired, launched or
otherwise propelled for the purpose of gaining

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LESS LETHAL WEAPONS

compliance, overcoming resistance, or preventing
serious injury. Some common examples are
beanbags.lmven. or pepper spray.
B. EMD: An Eleclro-~luscular Disruption (E~ID)
device that utilizes an electrical discharge that
disrupts the body's ability to communicate
messages from the brain to the muscles. causing
motor skiJJ dysfunction. Upon deployment. an air
cartridge uses compressed nitrogen to project two
probes into the targeted offender. The probes are
attached to the power source by insulated wire
leads.
C. Anti-Felony Identification Device (AFID): . \FlO
are confetti-like identification tags. Each
cartridge contains up to forty (40) identification
tags that are ejected when the EMD is dis·
charged. The tags contain the serial number of
the cartridge used, aJlo\"ing for identification of
the officer assigned to that cartridge.
D. Air Cartridge: Asingle·use item that contains
compressed nitrogen, ArID tags, two darts and
the insulated wires. [t is identified with a tamperresistant serial number.
E. Data Port The EMD is designed with a data
port located on the back of the unit. This data
port allows for the downloading of the usage
record of that weapon.
F. Drive Stun: The process of utilizing the EMD as
a pain compliance technique. This is done by
activating the END and placing it against an
individual's body. This can be done without an
air cartridge in place or after an air cartridge has
been deployed.
C. Medical Contact Contact with licensed medical
personnel by way of personal contact. telephone,
radio, or other electronic means in order to
obtain an assessment or advice on the proper
course of action. treatment, or measures to be
taken with the subject who has been incapaci-

tated by the E~ID. (Consult with the appropriate
medical authority in your jurisdiction to deter·
mine the level(sl of expertise required for this
assessment; Le. EMT. paramedic, nurse,
physician's assistant.)
H. Medical Clearance: The physical transportation
of the subject to the most readily available
medical facility for examination. treatment. or
hospitalization before incarceration back into the
law enforcement em·ironment.
l. Objective Reasonableness: The premise of
reasonableness is for all uses of force to be
objectively reasonable. In these instances. the
totality of the circumstances are considered. .'\150
considered is the se\'erity of the suspected
criminal activity; whether or not the suspect
posed an immediate threat to officers or to
others; and .....hether or not the suspect is acti\'Cly
resisting or attempting to evade arrest by flight.
J. Subject Control Continuum: The ~1ichigal1
Commission on Law Enforcement Standards has
published a training guide for the escalation and
de-escalation of subject control. Departments are
encouraged to re\ie..... this training protocol while
establishing their indhidual protocols.
II shall be the responsibility of each folember
department to determine where in their own subject
control continuum less lethal weapons are to be
utilized.

PROCEDURE
Note: L8$S lethal munitions lind EMDs lire IIdditional use--of-force options lind not rep/llcements for
time. negotiBtions. appropriate tactics. or lethal
force.
LESS LETHAL IMPACT MUNITIONS
PROCEDURE

A. Utilization Restrictions. In the absence of other
reasonable means. officers may deploy less lethal
munitions in the performance of their police
duties under the following conditions:
I. Only officers who ha\'C completed a depart·
mental-approved less lethal munitions training
program shall be allowed to carry and or
utilize less lethal munitions:
2. Only weapons specially designated, marked.

and authorized distinctively by the department
as less lethal munitions, shall be utilized;
3. When stored. these specially designated
weapons shall be kept in a distinct location.
separated from other firearms.

Less lethal munitions

will onlv be used after
other reasonable
efforts to control a
violent individual have
failed.

B. Conditions for Justification of Use. Less lethal
munitions will only be used after other reason·
able efforts to control a \iolent indi\idual ha\'C
failed. Condition for justifying the use of less
lethal munitions include. but are not limited to:
l. When the use of less lethal munitions would
assist in the arrest of an armed and/or violent
person:
2. When the use of less lethal munitions would
assist in reducing the risk of injury to a
suspect. bystander. or police officer.
3. To disperse crowds during riotous civil
disturbances: or.
4. In situations where a supel'\'isor deems the
use of less lethal munitions necessary to
safely resolve an incident.
C. Examples of Conditions for Use Jwtification. The
following are examples of encounters that may
justif)' the use of less lethal munitions. These
examples are in no ....'3)' reflecth'C of the enlire
spectrum of circumstances:
1. Aviolent subject armed with a weapon such
as a baseball bal croll'bar. shovel. or such a
device or item which can be utilized as a
dangerous weapon.
2. Asubject who is armed with a knife or cutting
edge.
3. Chil disturbances such as riots. \iolent
demonstrators. and demonstrators who fail to
disperse .....hen commanded to do so.
4. Armed. mentally m. or developmentally
disabled individuals who may pose a risk to
themselves. others, or police officers.
5. An unarmed, violent subject that poses too
great a risk to approach within arm's reach of
an officer. This could apply to a violent
subject who is bleeding, biting, or endanger·
ing officers. due to the potential of transfer·
ence of bloodbome pathogens.
6. An armed suicidal person who may try to
force officers into shooting the subject so as
to facilitate his/her own death.
LESS LETHAL WEAPONS

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Prior to deploying
less lethal munitions,
it shall be announced
to all officers at the
scene that less lethal
munitions are to be
deployed.

D. Conditions NOT calling for the use of less lethal
munitions:
Examples include, but are not limited to:
1. An unarmed person that is uncooperative but
does not display violent aggression: or.
2. When the use of less lethal munitions would
pose a greater risk to officers or bystanders.
E. Guidelines for authorizing the use of less lethal
munitions may be as follows:
1. If the situation permits. the officers should
attempt to obtain authorization from a
supervisor prior to utilizing less lethal
munitions.
2. Exception: When an imminent threat is
presented to citizens or police officers, such
force rna)' be utilized without command
approval.
3. Application of less lethal munitions during
riotous situations shall be at the discretion of
the command officer in charge.

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F'. Tactical guidelines for utilization of less lethal
munitions,
1. [I is recommended that. if the situation
permits, a cover officer accompany the less
lethal munitions officer.
2. When practical. prior to deploying less lethal
munitions, it shall be announced to all
officers at the scene that less lethal munitions
are to be deployed,
3. The less lethal munitions will be delivered to a
specific target area based on the threat and
on the judgment of the officer.
G. Recommended impact areas for less lethal
munitions.
1. Primary Target Areas. These are the major
muscle areas of mass such as the legs, arms.
buttocks, hips and thighs. These areas offer a
low probability of causing serious injury and
should be used when incapacitation is
necessary but not time critical.
2. Secondary Impact Areas. These are areas of
the human body considered to be the center
of mass areas such as the abdomen and chest
area. These areas should be considered for
impact when an escalation of force and

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LESS LETHAL WEAPONS

immediate incapacitation is necessary and
appropriate. An increase in the potential for
death or serious physical injury must be
reeognized.
3. Deadly Force Impact Areas. These are areas
of the body which when struck may cause
serious injury or death. These are usually
associated with the head, neck. throat and
groin. Intentional impacts to these areas
should be avoided unless the use of deadly
force is justified and necessary.
4. Impacts to the Rear of the Subject Impacts
to the back should be avoided in all less lethal
impact munitions. Sbiking the spinal area
could cause pennanent injury.
H. Medical attention and subsequent responsibilities.
I. Whenever less lethal munitions are used the
officer shall. after the individual has been
secured, promptly determine if there is a need
for medical contact or medical clearance.
2. The officer must notify the supervisor and
document the incident. [I is recommended
that photographs be taken of the impact area
of the individual's body.
3. Involved personnel shall attempt to locate and
identify any witnesses to the incident.
4. The deploying officer shall complete both an
incident report and the appropriate USE OF'
FORCE report.
5. Corrections or jail officer shall be notified
that less lethal weapons had been deployed
on the subject prior to incarceration.
NOTE: Ifinjuries requiring hospitalization or
death occur, MMRMA must be notified
immediately, if incident occurs during normal
business hours. During nOrHJusiness hours,
MMRMA must be notified the next regular
business day (this text is not to be included in
policy/procedure document).
EMD PROCEDURE
A. Elevated EMD Application Risk Factors
The following factors, where apparent to involved
officers. require elevated justification of Ef.m
application. Under the following conditions. the
risk of foreseeable direct or secondary injuries
are elevated; thus, officers' justification (s) for
EMD application are also elevated. These

elevated risk factors can only be given consideration when the faclors are reasonably perceived
by the officers:
l. Presence of nammable liquids/fumes or

explosive environments
2. Elevated positions
3. Person operating moving vehicle or machinery
4. Person running (f1eeing)
5. Pregnant female
6. Swimming pool or other body of water
7. Intentional EMD application to sensitive areas
8. Frail or infirm individual
9. Non-standard repeated EMD applications
B. Societal perceptions & concerns creating need
for elevated justification factors

The following factors involve groups of people
from which the general public commonly assumes
that individuals are not capable of being an
imminent threat of death and lor serious bodily
harm. or that these people should be treated
more sensitively and compassionately by officers.
Officers understand that the realities are that
individuals from each of these groups do commit
violent crimes, can be an imminent threat of
..death and lor serious bodily harm to officers,
others. and themselves. can be so resistive that
the use of E~1Ds are eminently justified. etc.
However, since society generally places individu·
als within these groups into protected classes,
officers using an E~1D on one of these indh'iduals
will forseeably be placed under heightened
scrutiny and will likely be required to provide
additional justification(s) for the use of the E~lD.
These groups include:

the incident. The use of the EMD must
beobjectively reasonable.
2. The EMD is not meant to be used in place of
deadly force. HO\\'ever. there are tactical
strategies that. when applied properly. may
allow the EMD to be utilized.
3. The EMD should not be used without deadly
force back·up in those situations where there
is a substantial threat towards the officer(s) or
others present.
4. Prior to utilizing the EMD, officers shall take
into consideration:
a) the subject's actions;
hI multiple subjects and the number of
officers present:
c) the skill andlor strength level (ability to
resist) of the subject(s):
d) the ability of the officer to gain physical
control of the subject: and.
e) the age of the subject.
D. Issuance and recording of EMD
I. All departmental personnel shall carry and use

only the Electro-Muscular Disruption device
issued by the Department's administration.
2. Officers may only use Department issued
EMD cartridges.
3. Arecord of the cartridge serial number shall
be recorded with the issuance of each EMD.
An administration designee should audit this
log at least hl'O times each year.
4. Alog of EMD deployments shall be kept.
E. Training and Certification

1. Children
2. Seniors

I. Only officers who have successfully completed

3. Restrained subjects
4. Passive subjects who are being seized

2. Amandatory re<erlification program shall be
successfully completed annually (Administrators,
please note imporlance ofthis requirement).

C. Deployment Considerations
1. The decision to use the E~ID is based on
criteria similar to that which an o(ficer
utilizes when selecting to deploy other less
lethal force options. The decision musl be
made dependent on the actions of the
subject(s) or threat facing the officer(s) and
the totality of the circumstances surrounding

The EMD is not
meant to be used in
place of deadly force.
However, there are
tactical strategies
that. when applied
ptoperly, may allow
the EMD to be
utilized.

appropriate training may carry or utilize the
EMD.

3. Any officer using a 35' cartridge must receive
special training and be qualified regarding the
foreseeable trajectory of cartridge deployment.
4. All Department E~1D certification programs
will be presented by a lASER International,
[nc.. certified (or equivalent) EMD instructor.
The E~1D instructor must be certified with
both the M26 and X26.
LESS LETHAL WEAPONS

5

Immediate action
should be taken to
care for the injured.
to apprehend any
suspects. and to
protect the crime
scene.

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F. Use ofEMD
The EMD is an additional law enforcement tool
and is not intended to replace fireanns or replace
other equipmen~ tools, or techniques. The EMD
should be used only when it is appropriate for the
situation. The utilization ofa EMD is considered
use offorce and as such, must comply with the
departmental use of force gUidelines. Any use of
an electro-musculoar disruption device that is
deemed unreasonable shall subject the officer to
disciplinary action.
\. The EMD may be used in situations where a
subject is threatening himself. an ofl"icer, or
another person and other means of control·
ling the subject are not reasonable or could
cause injury to the officer. the subject, or
others. Examples of these situations include,
but are nOllimited to:
a) To stop potentially dangerous behavior.
b) To protect a person or officer from injury
or death.
c) To protect a subject from injuring him!
herself.
d) To maintain order within a facility.
e) In situations that require gaining(
maintaining control of a subject or
situation.
2 The EMD may be used wh~n factors indicate
the o(ficer. offender, or others would be
endangered by the use of other force
alternatives or equal force options which may
be ineffective due to the danger existing to
the officer, subject, or other.
3. The body's center of mass area should be the
target area when firing a EMD, particularly
the center mass of the back area, The head
and face should ll2lbe targeted unless the
appropriate level of force can be justified. If
these areas are not accessible due to heavy
clothing, the legs are an effective target area.
4. Upon firing the device. the officer shall
energize the subject the least number of times
and no longer than necessary to accomplish
the legitimate operational objective, The
subject may be secured as soon as practical
while disabled by ECD power to minimize the
number of deployment cycles.
5, The EMD should never be used punitively or

LESS LETHAL WEAPONS

for purposes of coercion.
6. Any repeated application of the EMD must be
justified and the criteria used to justify reo
deployment shall be clearly documented in
the o(ficers USE OF FORCE report.
7. When practical. the deploying officer should
also notify dispalch that a EMD is going to be
deployed. The deploying officer should also
notify assisting officers that they intend to
deploy a EMD,
8. If feasible. immediately prior to the use of the
EMD. the deploying officer should announce
in a loud. clear, commanding voice. his/her
intent to deploy the E~ID, This announcement should be made only if it would not
endanger any civilians, officers. or the
suspect.
9, The EMD has the ability to ignite llammable
liquids. 1t shall not be deployed at subjects
who are in contact with llammables or in
environments where llammables are ob\'iously
present.
Personnel should be especially aware ofthis
when in known dandestine lab environmen~,
The EMD shall MlI be deployed in conjunction with flammable or ignitable chemical
munitions. The risk ofdothing/material
ignition is significant.
10. Proper consideration and care should be
taken when deploying the EMD on subjects
who are in an elevated position or in other
circumstances where a fall may cause
substantial injury or death.
C, Responsibilities after deployment
1. Immediate action should be taken to care for
the injured. to apprehend any suspects, and to
protect the crime scene.
2. Once the subject is restrained or has com·
plied, the E~1D should be turned of(.
3, Provide that the suspect's injuries (if any) are
appropriately treated. The officer should
determine if medical contact or medical
clearance is necessary. NOTE: Departments
may elect to set a uniform standard of
treatment required for all officers to follow.
4, Special care should be followed to inspect for
any secondary injuries related to the incident.

5. OlD probes should be remO\-ed at the earliest
opportunity. These probes shall only be
remO\'td by trained personnel or medical
personnel. keeping in mind blood·borne
pathogen concerns.
6. Officers shall provide first aid following
removal of the probes by applying an
antiseptic to the probe sites as needed.
7. ~1edical personnel shall remove probes
located in sensiti\'e areas such as the face.
neck. groin or breasL
8. Officers should inspect the probes after
removal to ensure that the entire probe and
probe barb has been removed. In the event
that a probe or probe barb has broken off, the
subject should be provided with the appropriate medical attention to facilitate the removal
of the objed
9. ~ledical contact may be made to further
assess the condition of the subject. If
conditions warrant, the subject shall be
transported to the nearest medical facility for
medical clearance.
10. Medical treatment shall not be refused to a
subject requesting iL
11. When lawful and appropriate to do so,
photographs should be taken of probe impact
• sites and any other related injures as soon as
reasonable to do so.
In some instances photographs may lIJ2l be
taken, such as in some cases of juveniles or
when the probes impacted genitals, female's
breasts. etc. It is important to preserve
evidence of the E~ID use; however. it is also
important to not violate any medical. HIPAA.
or privacy statutes or other legal restrictions.
12. Probes that have been remO\'ed from the skin
shall be treated as biohazard sharps and
placed as e\'idence within an appropriate
container.
13. If probes are still embedded in the subject.
a\'oid transporting the subject in a position
that would foreseeably further embed the
probes in the subject.
14. When used operationally. the officer should
collect the cartridge. wire leads, and probes
and proce~ as e\'idence. AFlDs need only be
collected if reasonably necessary and there is

a question of who fired a cartridge.
15.1ll\'Oh-ed personnel shall attempt to locate and
identify any wilnesses to the incidenL
16. The deploying officer shall complete both an
incident report and the appropriate USE OF
FORCE report.
17. Corrections or jail officer shall be notified
that the E~ID had been deployed on the
subject prior to incarceration.
18. In the event of an accidental E~ID cartridge
discharge. the officers shall promptly notify
their next le\'el of command. The superior
officer shall reasonably im'eStigate the
incident and prepare a written refKlrt
documenting the incident. Alternatively. the
supervisor shall ha\'C the officers prepare a
written report and then the supervising
officer shall make appropriate notifications
and/or take other appropriate actions.

Before adoptmg this
policy and procedure,
departments must
evaluate their specific
types of less lethal
munitions and revise
the appropriate
nomenclature and
strategIes.

NQ1E; Use of force reports outlining the details of

the EMD deployment must be sent to Michigil1l
Municipal Risk MaMgement Authority (MMRMA)
within seven (7) calendar days.

Before adopting this policy/procedure, departments
must evaluate their specific Iypes ofless lethal
munitions and revist the appropriate nomendature
and strategies.
In the event that the use of force incident involving
the EMD results in injuries requiring hospitalization,
MMRMA shall receive an immediate telephone notice
(next business day ifinddent oa:urred during nonbusiness hours).
If death occurs, MMRMA must be notified immecliately during business hours or through its emer·
gency 24-hour telephone line, l..lJOO.24~1324 (This
note is nat to be included in your department's
protoco/~

CONCLUSION
~1~1RMA's Risk Management Departmenl is available
to assist Members in establishing policy and procedural guidelines. Call (or more information, answers
to specific questions. or personal consultation.
~lembers of the Law Enforcement Committee will be
planning additional resources (or distribution to
M~IRI\IA Members. Your suggestions and comments
are welcome.

LESS lETHAL WEAPONS

7

LAW ENFORCEMENT COMMITTEE MEMBERS
UPPER PENINSULA
Members

Dickinson County Sheriff's Dept.

LOWER PENINSULA
Nembers
Captaill Kevin Belk
City of Gram! Rapids Police Dept.

SheriffDavid Cromel!
Alger Counly Sheriffs Depl.

Chief William Corbet
Port Huron Police Dept.

Undersheriff Edward Oswald

ChiefJohll Worlh. Chair
Northville TouJIlship Public Safely

Undersheriff Scott Celello

Delta Counly Sheriff's Dept.

Sheriff I"arry Sanders

Gogebic Count.IJ Sheriffs Dept.

Sheriff Gene IVrigglesworth
Ingham County Sheriffs Depl.

SherirrRoberl Remandini
Iron County Sheriff's Dept.

Sheriff Gary Finslrom
Wexford Counly Sheriff's Dept.

Chief Jim Bjorne, Chairman
Ishpeming Police Dept.

SheriffAl Byam
Caihoun County Sheriff's Dept.

Chief Jay Prusti
Negaunee Police Dept.

Sheriff Ron Kalanquin
Lapeer Counly Sheriffs Dept.

Sheriff Gary Maddox
Schoo{crofl County Sheriff's Dept.

Chief Rod Somerlot!
SOlllh Haven Police Dept.

SheriffMichael LOllelace
Undersherifflack Schneider

Sheriff Dwain Dennis
Ionia County

Caploin David Lemire
Marquelle County Sheriff's O(fice
Chief Peter Flaminio. Vice-Chairman
Iron Noun/ain Police Dept.

•

Chief Robert Stevenson. I/ice Chair
Lfvollia Police Dept.
Chief Donald Pussehi
Saginaw Township Police Dept.

James Hansen. Director
Escanaba Public Safety Depl.
Sheriff Breit Bolbyl

Menominee County Sheriff's Dept.

Chief Jeffft/Oflln
Chippewa Counfy Sheriffs Dept.
Chief Paul Geyer
City of Gladslone Public Safely

Associate Nembers
Terrellce Jungei. Erecutive Director
Michigan Sheriff's Associatioll

Ray Beach. Execuli~'e Director
Michigan Commissioll all Law Enforcement
Standards (MCOLES)
AD-HOC i'lembers
Mr. Chris lohnsotl
lohllSOll, Rosati, LaBllrge.
Ase/ytyne & Fields
i'1i'IBNA Committee l.iajsQos
Mike Bertha, Risk COllsultant
Bill Page. Risk Consullollt
Kevin Dellecke. Risk Consultant

A publication for Members of
Michigan Municipal
Risk Management Authority
14001 Merriman Road
Livonia. MI 48154

(734) 513-0300
www.mmrma.org