Taser Longmont Pd Use of Force 1992
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Longmont Police Department Policy - 601 Use of Force / Use of Force Reporting Effective: January 7, 1992 Revised: June 29, 2000 601.01 601.02 601.03 601.04 601.05 601.06 601.07 601.08 601.09 601.10 Use of Force Use of Force Reporting Use of Force Option - PPCT Use of Force Option - Chemical Aerosol Spray Use of Force Option - OPN Use of Force Option - Baton Use of Force Option - Firearm Use of Force Option – Specialty Impact Munitions Use of Force Option- Conducted Energy Weapons Use of Force Option- Monadnock PR-24 Batons 601.01 Use of Force - Policy Human life is highly valued and given the highest priority within the department's value system. The department values constitutional principles and recognizes the authority of federal, state, and local laws. Department members are authorized by law to use force when needed to carry out the responsibility of protecting the public welfare and to defend themselves. The department recognizes that a careful balancing of individual human rights and public interest is required when force is used by police. It is the policy of the department that members use only that force which is justified given the individual circumstances of an incident. As such, in order to be accountable to the public we serve, all uses of physical force by members in carrying out their duties must be reported to the Professional Standards Unit through the chain of command on the Use of Force Report. The amount and type of force used is to be reviewed so that a determination can be made whether or not it was reasonable and justified. All use of force instructors shall be certified law enforcement officers. Where feasible and necessary, those who have had force used against them will be offered medical treatment. Use of Force - Procedure A. C.R.S. 18-1-707(1) - 18-1-707(4) Use of Physical Force in Making an Arrest or in Policy 601 1 of 32 Preventing an Escape reads as follows: (1.) Except, as provided in subsection (2) of this section, a peace officer is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary: (a.) To effect an arrest or to prevent the escape from custody of an arrested person unless he knows that the arrest is unauthorized; or (b.) To defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect such an arrest or while preventing or attempting to prevent such an escape. (2.) A peace officer is justified in using deadly physical force upon another person for a purpose specified in subsection (1) of this section only when he reasonably believes that it is necessary; (a.) To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; or (b.) To effect an arrest, or to prevent the escape from custody, of a person whom he reasonably believes; (I) Has committed or attempted to commit a felony involving the use or threatened use of a deadly weapon; or (II) Is attempting to escape by the use of a deadly weapon; or (III) Otherwise indicates, except through a motor vehicle violation, that he is likely to endanger human life or to inflict serious bodily injury to another unless apprehended without delay. (3.) Nothing in subsection (2)(b) of this section shall be deemed to constitute justification for reckless or criminally negligent conduct by a peace officer amounting to an offense against or with respect to innocent persons whom he is not seeking to arrest or retain in custody. (4.) For purposes of this section, a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances, which if true would in law constitute an offense. If the believed facts or circumstances would not in law constitute an offense, an erroneous though not unreasonable belief that the law is otherwise does not render justifiable the use of force to make an arrest or to prevent an escape from custody. A peace officer who is effecting an arrest pursuant to a warrant is justified in using the physical force prescribed in subsections (1) and (2) of this section unless the warrant is invalid and is known by the officer to be invalid. B. Where feasible, the officer must give some warning prior to using deadly physical force. Policy 601 2 of 32 C. Lethal Force - General Provisions 1. The justification for the use of deadly physical force or lethal force must be limited to what reasonably appear to be the facts, as known or perceived, at the time the decision to use force is made. Facts, unknown to the officer, no matter how compelling, cannot be considered in later determining whether the use of lethal force was justified. 2. The law of justifiable use of physical force authorizes an officer to use lethal force when it reasonably appears necessary to protect ones self or another from immediate threat of serious bodily injury or from the imminent threat of death. D. Discharge of Firearms 1. Firearm for this section applies to firearms designed to fire penetrating projectiles such as .45 cal, .223, 38, 9mm, .308 and .40. An officer may discharge a firearm: a. In accordance with the applicable laws of the state of Colorado; b. At an approved target or firing range; c. For practice, in a safe manner, in any area where firing a weapon would not be in violation of the law; d. In order to destroy an animal that appears to be suffering from an apparent fatal wound or sickness, but only after making reasonable attempts to locate and receive permission from the animal's owner; e. At any animal that he reasonably believes is mad or vicious and cannot otherwise be prevented from attempting to kill or seriously injure any person or other animal; or f. While engaged in a legal recreational or sporting activity. 2. An officer is prohibited from discharging a firearm: a. In conscious disregard of substantial risk of harm to an innocent bystander except where the risk of this injury reasonably appears to be outweighed by the need to defend your own or someone else's life; b. When a lesser degree of force is reasonable and appropriate. c. At or from a moving vehicle except in self-defense or in the defense of another from the use of deadly physical force; Policy 601 3 of 32 d. In order to fire warning shots; or e. In order to effect the arrest or prevent the escape of a misdemeanant unless the escapee is using a deadly weapon. E. Less Lethal Force - General Provisions 1. Members are authorized to use department approved less than deadly physical force techniques and weapons for the resolution of incidents as follows: a. To prevent an imminent breach of the peace, or prevent suicide or self inflicted injury; b. In making lawful arrests, searches and seizures, overcoming resistance to such arrests, searches or seizures, preventing escapes from custody, and in making an investigative detention of a person whom the member reasonably suspects is committing, has committed, or is about to commit a crime (C.R.S. 16-3103); c. In self defense or in the defense of another against unlawful force to person (C.R.S. 18-1-704); d. To prevent or interrupt an intrusion or interference with the lawful possession of premises (C.R.S. 18-1-705); e. To prevent a crime against property (C.R.S. 18-1-706), and f. Other instances where the member can demonstrate that less than deadly physical force was lawfully used. 2. When members encounter situations in which the use of less than deadly physical force is reasonable and appropriate, they must assess the incident in order to determine which level of force is appropriate and which reasonably available less than deadly physical force technique or weapon allows for the situation to be brought under control safely. 3. Even though the use of less than deadly physical force may be necessary in some situations, less than deadly physical force may not be resorted to unless other reasonable alternatives have been exhausted or would reasonably appear to be ineffective under the particular circumstances. F. Administrative Suspension 1. Any officer whose application of force causes death or serious Bodily injury ( as defined by C.R.S.) to any person may be placed on administrative suspension pursuant to section 3.04.465 of the Longmont Municipal. Policy 601 4 of 32 2. Whenever possible the officer must complete all required reports prior to being placed on administrative suspension G. Miscellaneous 1. Members use only as much force as reasonably necessary and appropriate to their lawful purposes, as permitted by this policy and applicable law. They do not use unnecessary force in dealing with any person. The use of physical force must end when its lawful purpose is accomplished. 2. The degree of force used by members must be in compliance with the training standards established by the department, which includes a use of force continuum. 3. No member is to use a greater degree of force without reasonably believing that lesser force would be ineffective. 4. All sworn personnel must be trained in this policy and any weapons related policies prior to authorization to carry a weapon. 5. Only the techniques and weapons authorized by the department may be utilized by a member to apply force unless the officer is in a position requiring an alternative technique. It is the officer's responsibility to justify any such deviation from techniques and weapons authorized by the department. 6. No department member is allowed to utilize use of force weapons or techniques until properly trained and tested for proficiency in the use of these weapons or techniques. All sworn personnel holding the rank of sergeant or below are required to participate in annual refresher training for less than deadly physical force techniques and weaponry; to include PPCT, OPN, SIMs ( Speciality Impact Munitions) Taser ,and Pepper Spray. All police commanders must participate in the annual refresher training listed above unless expressly excused by their respective supervisor prior to the specific training. 7. Except for training, inspections, cleaning, and maintenance, officers do not draw or display their weapon unless circumstances cause the officer to believe that it may be necessary to lawfully use the firearm in accordance with the provisions of this policy. 601.02 Use of Force Reporting – Policy A. Pursuant to C.R.S. 18-8-801 to 18-8-804, an employee who observes a police officer acting within the performance of his duty using physical force against any person in excess of this policy and procedure must report such occurrence to his immediate supervisor as soon as possible. The report must be both orally and in writing through the use of an In House Incident Report. Failure to do so may subject the employee not only to disciplinary action but also to criminal prosecution. B. Incidents that require members to complete a Use of Force Report and submit through Policy 601 5 of 32 the chain of command are as follows: 1. Where injury or death occur; 2. Where there is an intentional or unintentional discharge of a firearm during a use of force; 3. Whenever an officer points a firearm at another person; 4. Whenever a member applies a less than deadly physical force weapon or technique. Note: Escort techniques, which do not rely on pain compliance, are exempt from this requirement. 5. Whenever a motor vehicle is used as a method in which to apply force (i.e., ramming, roadblock, etc.). 6. Other incidents as deemed necessary by the member's supervisor. C. In addition to completing a Use of Force Report, members must verbally notify their supervisor as soon as possible whenever a use of force incident results in a weapon discharge, serious injury, unconsciousness, or death. D. Supervisors must also complete Use of Force Reports whenever they direct one or more members to utilize physical force against a person or a group of persons. E. An additional incident requiring members to complete an In House Incident Report and submit through the chain of command is: whenever a member discharges a firearm in a non-use of force incident other than in training or for lawful sporting or recreational purposes. F. In regard to subsection (B) and (E) above, it is the responsibility of the member's supervisor to fully review the member's actions as soon as possible and offer a conclusion as to whether or not any policies were violated. Such review is to address all factors pertinent to the situation including, but not limited to, factors leading to the force used, the adherence to applicable laws and statutes, and compliance with policies and training. The supervisor must also ensure that a thorough preliminary investigation and report of the incident is completed. If the involved member is unable to complete the appropriate reports, the supervisor is to complete it and indicate why the involved member was unable to do so. It is also the responsibility of the member's supervisor to initiate a PSU investigation when required or warranted. G. Use of Force or In House Incident Reports, along with any other documentation, are to be forwarded to the Professional Standards Unit through the chain of command for review and assessment of actions, training needs, liability issues, and filing. H. As governed by applicable departmental policies, an investigation is mandatory under Policy 601 6 of 32 the following circumstances: 1. An alleged misuse of force; 2. Severe injury or death resulting from the member's act; or 3. The discharge of a deadly weapon or use of any deadly weapon, whether on or off duty, in a manner which may result in injury or death including accidental discharge. Target practice and the authorized destruction of animals are not included. I. Miscellaneous 1. All uses of physical force must be reported to the Professional Standards Unit through the chain of command on the Use of Force Report form. Exception: Normal handcuffing techniques and escort techniques, which do not rely on pain compliance, are exempt. 2. All firearm discharges, except in training or for legal sporting or recreational activities, must be reported both orally and in writing to an on duty supervisor as soon as possible. 3. The supervisor that is initially notified of a use of physical force or firearm discharge is responsible for seeing that a thorough preliminary investigation and report of the incident are completed. Should the involved member not be able to complete the appropriate reports, the supervisor shall complete it and indicate why the involved member was unable to do so. 4. Off duty members who use any degree of force or display any weapon in a law enforcement capacity are required to notify the on duty watch commander of the incident as soon as possible. A Use of Force Report is also to be filed as soon as possible. 601.03 Use of Force - Option - PPCT Pressure Point Control Tactics (PPCT) – Policy A. All sworn Longmont Police Officers will be trained and certified in the use of PPCT techniques. Community Service Officers with field duties may also be trained and certified. All training and certification will be conducted by PPCT Management Systems Inc. authorized instructors and all training and certifications will follow the guidelines established by PPCT Management Systems Inc. The Chief of Police may exempt certain members from this policy. B. Pressure Point Control Tactics (PPCT) – Procedure All members listed above shall receive an initial certification, which includes at least 16 hours of instruction, as well as a written test and a practical test. In order to maintain Policy 601 7 of 32 certification, it is recommended that members receive 8 hours of annual refresher training. 1. A lead PPCT instructor is designated. This member will coordinate training, certification and scheduling with the training office. 2. Members who do not attend re-certifications or who cannot demonstrate acceptable proficiency per PPCT standards will have their supervisory chain of command notified by the lead instructor. 3. All use of PPCT techniques must be in accordance with applicable statutes and the above Use of Force Policy. 601.04 Use of Force - Option - Chemical Aerosol Spray A. Chemical Aerosol Spray - Policy 1. Issuance of Chemical Aerosol Sprays a. Canisters of a chemical aerosol spray (MK-IV or MK-VI) and holsters are issued to all commissioned personnel, Community Service Officers (CSOs), Police Service Technician (PST) Report Takers and Student Intern Officers (SIO). Magnum Foggers (MK-IX) may be assigned to police vehicles. b. Special Weapons and Tactics Team will maintain an inventory of various chemical agents and aerosol spray products. The specific products maintained will be determined by the team less lethal munitions specialists, team leaders and team commander. c. A chemical aerosol spray will be replaced as specified by the manufacturer. The year of manufacture can be found on the canister. 2. Carrying of A Chemical Aerosol Spray a. All personnel wearing their official police uniform are required to carry their issued chemical aerosol spray holstered on their duty belts. b. The carrying of an chemical aerosol spray is optional for personnel working a plain-clothes assignment and SWAT team members during official SWAT functions. c. Off duty personnel may carry their assigned chemical aerosol spray canister at their discretion. B. Chemical Aerosol Spray - Procedure 1. Precautions Policy 601 8 of 32 a. Suspects or animals should not be sprayed any closer than Three (3) feet with the MK-IV or MK-VI, six (6) feet with the MK-IX. b. When dispensing a chemical aerosol spray near an infant or elderly person, the officer shall consider the greater difficulty infants and elderly people have with purging the agent. 2. Miscellaneous a. Chemical aerosol sprays/chemical agents are to be used only by personnel who have been trained in their use. Annual refresher training is required. b. Persons who receive a level one exposure to a chemical aerosol spray and taken into custody should be decontaminated, medically cleared and closely and continuously monitored for 1 1/2 hours. 3. Chemical Aerosol Spray - Definitions Chemical Aerosol Spray - A method of dispensing the liquid form of a chemical agent from a pressurized canister. The agent is micro pulverized, suspended in a liquid carrier and propelled from the canister by a pressurized propellant. C.S. - Orthochlorobenzalmalononitrile. A chemical agent classified as an Irritant. symptoms of exposure include stinging sensation to exposed skin, watering and voluntary closure of the eyes, nasal discharge and a restrictive sensation to the respiratory system. C.N. - Chloroacetophenone. A chemical agent classified as a Lachrymator. symptoms of exposure include intense stinging sensation in the eyes (lachrymal glands) profuse tearing, voluntary closure of the eyes and mild skin and nasal irritation. O.C. - Oleoresin Capsicum. A derivative from the refined oils and waxes of the fruit of the genus capsicum plant, commonly known as the cayenne pepper plant. classified as an Inflammatory. Symptoms of exposure include inflammation and intense burning sensation of exposed skin and eyes, involuntary closure of the eyes and can cause a restrictive feeling to the upper respiratory system. Levels of Exposure:a. Level One - direct contamination with the chemical agent. b. Level Two - indirect or secondary exposure to the chemical agent. c. Level Three - area contamination with the chemical agent. Policy 601 9 of 32 601.05 Use of Force - Option - Orcutt Police Nunchaku (OPN) A. OPN - Policy The (OPN) is authorized equipment for commissioned officers that have successfully completed the required department training in their use and application. The OPN are sanctioned by the department in order to enhance an officer's ability to use minimum force in applying swift and effective defensive and controlling techniques during confrontational situations. The OPN is to be used only by members acting within their official capacity which includes approved department training exercises. B. OPN - Basic Provisions 1. The OPN has been adopted as authorized equipment for commissioned police officer use. 2. The OPN is issued to all officers who have successfully completed the basic certification course. This course consists of 16 hours of instruction by certified Level 1 or higher instructors. Each officer must successfully pass a demonstration and written test ensuring their proficiency with the OPN. To retain proficiency, each basic certified officer shall re-certify with a Level 1 instructor or higher every year. This 8-hour re-certification requirement ensures proper proficiency for the officer. 3. The techniques taught in the certification course have been proven to be effective and safe. Uses of techniques other than those in the course are not recommended. a. No choking methods or techniques are instructed, as they are too dangerous for safe use. If a choking method is used, it becomes the responsibility of the user to justify its use. b. No deviations from techniques in the certification course are recognized. This does not restrict instructors Level 1 or higher from utilizing advanced methods in which they have received instruction. 4. Carrying the OPN a. All uniformed officers below the rank of commander must carry the OPN while in uniform. This is optional for officers of commander rank and above. b. When in uniform and carrying the OPN, it is to be kept in the approved carrying case. This case, along with the OPN, is issued equipment and the proper care and maintenance is the responsibility of the officer. c. The carrying of the OPN in the carrying case is optional for plainclothes officers. In all cases of carrying the OPN while in plainclothes, the OPN should be concealed while in the presence of the general public. d. No restrictions apply to carrying the OPN inside the department holding facility Policy 601 10 of 32 if carried in hand or properly secured in the carrying case. e. Officers do not display the OPN outside the carrying case in the presence of any person other than a police officer unless engaged in a situation in which the OPN is needed for enforcement purposes or citizen demonstrations. 601.06 Use of Force - Option - Baton A. PPCT Baton - Policy All Longmont Police Department Community Service Officers with field duties will carry a baton and will be trained in its use as a defensive tool. Certified PPCT instructors will conduct the training. Community Service Officer’s will receive at least two hours training per year. CSOs should only use the baton as a defensive tool, to protect the CSO or another person from attack. The baton should only be used when lower levels of force have not been effective or are not likely to be effective B. PPCT Baton - Procedure Baton techniques, including blocks and strikes, will be taught as outlined in the PPCT Defensive Tactics Instructor Manual. CSOs utilizing the baton will follow the Longmont Police Department Use of Force and Use of Force Reporting policy. 601.07 Use of Force - Option - Firearms A. Policy Police officers employed by the department are equipped with a firearm to defend themselves or others against what they reasonably believe to be the use or imminent use of deadly physical force or serious bodily injury. Because the safety and welfare of its officers is to the greatest importance, the department hereby sets forth the highest of standards as they relate to the firearms that officers are authorized to carry and use to protect themselves as well as members of the public. In addition, it is necessary that officers are competently trained in the handling, care and use of firearms. To accomplish this goal the department regulates firearms training and establishes qualification standards in an attempt to provide the highest quality firearms training practicable to its officers on a regular basis. B. Definitions Primary Weapon - The service firearm normally carried on duty by the member as authorized by this directive. Off Duty Weapon - Other firearms carried separately by a member off duty as authorized by this directive. This weapon may be utilized as the primary weapon. Policy 601 11 of 32 Backup Weapon - Other firearm carried in a secured, concealed manner in addition to the primary weapon as authorized by this directive. Holster- Any department approved device or mechanism designed to hold a firearm securely in place. Hot Range - The concept of explaining the course of fire to shooters and then allowing the shooters to reload when needed as opposed to loading upon command. The concept of selfreliance in reloading is stressed. Shotgun- A single barreled smooth bore shoulder weapon designed to be discharged by using both hands and which is capable of firing a variety of departmental approved ammunition. Police Rifle- .223 caliber, Colt AR15, Aug,Sig, other rifles will be considered. Other rifles must be presented to the range coordinators for approval. It is recommended a member present the weapon to the range coordinators before purchase in case it is not approved. C. Basic Provisions- Experience has further shown that the danger to officers is not reduced by them giving up their firearm upon demand. Therefore, officers should give serious consideration to any means at their disposal to avoid the surrender of their firearm. 1. Requirements for Carrying a Firearm a. The following personnel are authorized to carry firearms while on duty or in uniform: (1) Authorized Sworn Police personnel (2) Reserve police personnel b. The following personnel are authorized to carry concealed firearms while on duty or off duty: (1) Sworn, full-time Colorado certified police officers who have completed the department’s Field Training and Evaluation Program. c. All members are issued a copy of the Use of Force policy and receive specific instruction. d. All sworn police personnel holding rank of commander and below are required to carry a department-approved firearm while on duty. Exception: The chief of police or his designee may waive this requirement. Division or Section Commanders may also waive this requirement for their personnel on a temporary basis for special circumstances, assignments or in court (i.e., training functions or schools that do not require the use of firearm, except that a firearm is carried when the respective member must report for such training in uniform). The waiver shall be in writing and after signing, be forwarded to the range Policy 601 12 of 32 coordinator(s) to be placed in the range file. e. All members carrying firearms as authorized by this directive must carry department approved ammunition under the following requirements: (1) Uniformed personnel must carry a fully loaded weapon plus two full reloads for the weapon carried. This reload must be secured in carriers that meet uniform requirements. (2) Plainclothes assigned personnel must carry a fully loaded weapon plus one full reload for the weapon carried. Exception: If the weapon carried is a semi-automatic pistol which has the capacity to hold 12 rounds of ammunition or more the above requirement may be waived. (3) Ammunition carried as reloads shall be carried in department approved speed loaders for revolvers and magazines for semi-automatic pistols. Dump pouches and speed strips are allowed for plain-clothes personnel, however the carrying of loose ammunition is prohibited. f. Level I officers are authorized to carry a primary (on duty), off duty or backup firearm only after they meet the following requirements: (1) Demonstrate required proficiency by qualifying at the range with the weapon to be carried (the approved course of fire being determined by the department firearm coordinator(s) or designee). (2) A replacement handgun may be carried prior to qualification if department range coordinator(s) or their designee judges it similar in function and handling/firing characteristics as to the weapon the member is currently qualified to carry. g. All members must forward to the range coordinator(s) the following information on the appropriate form: (1) Member’s name. (2) Firearm: • • • • • Make Model Serial Number Caliber Barrel length Policy 601 13 of 32 (3) An approved holster for each weapon This requirement is for all firearms carried whether the weapon is primary (on duty), off duty, backup. This applies to both department and privately owned firearms used for department use. This information shall be submitted prior to carrying the weapon and at the first qualification shoot of each calendar year. g. Firearms Method of Carry Requirements. (1) Handguns must be carried in a secure holster. All holsters carried by uniformed personnel must meet uniform requirements. (2) The holster must fit the intended weapon and be in good condition (3) Handguns shall not be carried unholstered, tucked in waistband, boot top, or in any other non-secured manner. (4) The firearms coordinator(s) or designee will judge whether a holster, magazine pouch or related firearms equipment is adequate, and had the right to reject any item they feel is inadequate. 2. Authorized Ammunition a. CALIBERS: (1) (2) (3) (4) (5) 45 ACP .40 S+W 9MM .357/.38 special* .380 ACP * .357/.38 special revolvers acceptable with Department .38 special ammunition. b. ACTIONS: (1) Single action- must have at least one manual safety, minimum four pound trigger pull. (2) Double/single action- must have a manual operation that would safely lower the hammer on a live round. (3) Double Action only No disconnecting of safety features which are standard on the weapon Policy 601 14 of 32 from the factory. No compensators. c. BARREL LENGTH: Uniform Duty- 3.5” to 6” Plain clothes/off duty/backup- 2” –6” (Plain clothes employees must have permission from their section commander(s) to carry the .380 ACP as a primary on-duty weapon.) d. FINISHES: Blued, black matte, stainless or nickel. e. GRIPS: Dark color of non-ornamental design compatible with the weapon and loading devises. f. APPROVAL OF WEAPONS: Any member wishing to carry a weapon not currently approved by the department must present the weapon to the firearms coordinator(s) for approval ( it is advisable for the member to present the weapon to the coordinator(s) before purchasing it is case the weapon is rejected). The coordinator(s) must approve the adoption of the firearm before it is accepted for Department use. g. OFF DUTY FIREARMS: (1) Revolver- Meet same requirements as for on duty weapon (2) Semi-automatic pistols- Meet same requirements as for on duty weapon h. BACKUP OR CONCEALED WEAPONS: (1) Revolvers- Meet same requirements as for on duty, non-uniformed weapons (2) Semi-automatic pistols- Meet same requirements as for on duty, nonuniformed weapon. (3) No other backup weapons of any type are authorized (4) It is permissible to carry a semi-automatic pistol as a primary weapon and a backup weapon that is a revolver so long as the weapon meets those Policy 601 15 of 32 requirements listed for duty weapons. 3. Authorized Ammunition a. All ammunition for primary, off duty and backup weapons shall be factory loaded. A list of authorized ammunition is to be maintained by the firearms coordinator(s) or designee. b. Authorized ammunition shall be issued to department personnel as follows: (1) Number of rounds for full load of primary weapon plus number of rounds needed for two full reloads of primary weapon. (2) Number of rounds to fully load an off duty weapon (3) Number of rounds to fully load a backup weapon. b. Additional ammunition meeting department requirements may be purchased and carried by personnel, but must be replaced annually. 4. Other Weapon Requirements. a. Authorized Shotgun- Information regarding the authorized weapon is maintained by the department firearms coordinator(s) or designee. b. Authorized Shotgun Ammunition- A list of authorized department ammunition shall be maintained by the department range coordinator(s) or designee. The tactical situation determines the type of shotgun round to be used. c. Each marked patrol vehicle shall have a shotgun when the vehicle is assigned to a certified member for duty. d. A shotgun shall remain in the electrically located rack of an unassigned patrol vehicle unless: 1. The vehicle is taken out of service for maintenance or other use. 2. Personnel other than sworn police officers use the vehicle. 3. A vehicle is to be stored outside the police facility for an extended period of time. e. Shotguns kept in patrol vehicles or checked out of the armory for duty use must be inspected at the beginning of the tour of duty by the officer assigned to the patrol vehicle. Inspection must follow the clearing barrel procedure as outlined in Appendix A of this directive. Only the clearing barrel located in the underground parking area is to be used for the purposes of clearing shotguns while at the police building. Policy 601 16 of 32 f. Automatic weapons, rifles, tranquilizer guns and gas weaponry must be used only by those members trained in their use and in a manner approved by a tactical team leader, watch commander or command officer. g. Authorized rifles- a member may elect to carry a departmental approved, personally owned rifle after completing a department authorized rifle training class. Information regarding authorized weapon(s) is maintained by the department firearms coordinator(s) or designee. h. Authorized rifle ammunition- a list of authorized department ammunition shall be maintained by the department range coordinator(s) or designee. i. Rifle qualification will be held a minimum of once(1) per year. j. The rifle shall remain in a padded hard or soft sided case when not deployed. k. Rifles shall be inspected at the beginning of tour following the tour of duty check out in Appendix A. 5. Inspections and Maintenance a. Members are responsible for keeping the firearms they carry in a clean, lubricated and dependable condition. All firearms carried are subject to inspection by a supervisor or range officer at any time. Repair or service performed by a gunsmith/certified armorer on all non-department owned weapons is at the member’s expense. b. The firearm coordinator(s) are responsible for ensuring the dependable condition of department owned weapons not assigned to members for use. Any department weapons, which would require disassembly for repair or maintenance is to be examined by the firearm coordinator(s) who ultimately supplies this weapon to the commander of Administration for repair. The SWAT Commander is responsible for ensuring the dependable condition of department owned weapons used by the SWAT team. c. All department owned weapons which are in service are to be inspected and serviced at least once a year by a department armorer or approved gunsmith. The firearm coordinator(s) will keep a maintenance schedule and rotate department owned weapons through the Commander of Administration for this service. The firearm coordinator(s) or designee will maintain a list of all department owned weapons as well as the members they are issued to. Documentation of the issuance and return of department owned weapons is made on the department Weapons Issue/Return form, which is maintained by the firearm coordinator(s) or designee. The range coordinator(s) are responsible for administering the Policy 601 17 of 32 issuance or return of department owned weapons, with the exception of special weapons used by the SWAT team. All department weapons shall be inspected prior to issue. d. Department owned weapons are to be secured in locked storage which must be restricted to the firearms coordinator(s) or designee, and the Commander of Administration. e. Under conditions where a firearm is to be loaded or unloaded at the department, the weapon is to be loaded or unloaded through the use of the clearing barrel procedure. Handguns may also be cleared by using the clearing tubes located in the locker rooms. f. It is the responsibility of each supervisor to: (1) Ensure that their personnel are instructed in the proper handling of firearms when using the clearing barrel or clearing tubes. (2) Ensure periodic inspections are conducted of firearms carried by their subordinates. This is to include inspection of primary, off duty, and backup weapons. 6. Training a. General requirements 1. Commissioned personnel, other than those exempted above, of the rank of Commander and below are required to show proficiency with their primary weapon and holster by meeting qualifying standards. 2. Personnel who elect to carry a firearm at any time are required to show proficiency with the weapon at a minimum of two separate shoots per year. 3. Commissioned personnel electing to carry off duty and back-up weapons are required to show proficiency with this weapon and holster by meeting qualifying standards, at a minimum of one scheduled shoot per year. 4. Commissioned personnel electing to carry a backup weapon are required to show proficiency with this weapon and holster by meeting qualifying standards, at a minimum of one scheduled shoot per year. 5. During the first scheduled shoot of the year, all commissioned personnel must declare a primary weapon and holster. Off duty, backup weapons and holsters must be declared at the same time. No other weapons are authorized unless approved by the firearms coordinator(s) or designee. New officers must declare a primary weapon at their first qualification shoot after employment. Policy 601 18 of 32 6. Commissioned personnel who change any declared weapon must notify the firearm coordinator and present the weapon and holster for inspection. Prior to carrying a newly declared weapon and holster, qualification is required if the weapon is substantially different in function as determined by the firearm coordinator(s) or designee. 7. Reserve police officers are required to show proficiency with their duty weapon in the same manner as commissioned personnel. 8. There shall be at least one annually scheduled nighttime firing exercise. 9. Shotgun training/qualification for all commissioned personnel shall be conducted at least once annually. Commissioned personnel holding the rank of sergeant and below are required to attend and qualify with the shotgun during this qualification session. Police personnel with the rank of Commanders and above may elect to participate during the annual shotgun training/qualification but must attend both the training and qualification sessions. b. Qualification requirements 1. All weapons shall be inspected by a range officer prior to being allowed onto the range. Any weapon found to be defective or unsafe shall not be allowed on range or for duty use, until the problem is corrected. the The department has a limited supply of revolvers and semiautomatic weapons for use by any member during the time a weapon is being repaired or replaced. 2. All duty gear, including holsters and ammunition carriers, shall be inspected for serviceability by range personnel. Any gear found to be unserviceable shall be documented and not allowed for use. This information is to be forwarded to the firearms coordinator(s) who will notify the affected members’ supervisor who, in turn, authorizes replacement of department issued equipment as required. 3. The annual qualification course for handguns shall be maintained by the range coordinator(s). 4. The firearm coordinator(s) and range officers shall determine the course of fire for each qualification/training course. A record of such courses shall be maintained in the Range Book. 5. There shall be three (3) handgun qualification shoots, in separate months, per Policy 601 19 of 32 year. Members must sign up for one qualification in two separate months (two separate qualifications/year). It is the members responsibility to ensure all required shoots are attended. 6. Commissioned personnel who fail to qualify on the first attempt may be allowed to shoot the course again. 7. Failure to qualify on the second attempt will the member to receive immediate additional firearms remedial training, ( the amount of time to remediate will be determined by the range officer giving the remedial training), to try and identify and immediate shooting problems. The member will then be given one additional attempt to qualify. If the member is unsuccessful after the third try, attendance shall be required at the next remedial firearms training session. A range officer shall notify the member when that is to occur. 8. After the remedial training session, the member will be allowed to qualify one time. If the member fails to qualify at that time, it will be considered a failure to qualify for the month’s shoot. 9. Failure to qualify at this time will result in the member’s name to be sent to the Chief of Police for review. 10. Personnel who are identified as needing additional firearms training my be required to attend additional firearms training during the year. c. Range Requirements & Safety Rules 1. ALWAYS TREAT EVERY FIREARM AS IF IT WERE LOADED. 2. Every time you pick up or are handed a firearm, check the cylinder, magazine or chamber to be sure it is empty. 3. Never give or take a firearm from anyone unless the action is open. 4. Weapons are to be encased or holstered before entering the range. All firearms shall be unloaded on the range, not in the parking lot of the shooting park. 5. ONLY range officers give commands. 6. Do not anticipate commands. 7. Be sure the barrel is not obstructed before loading. 8. ALWAYS KEEP THE GUN MUZZLE POINTED DOWNRANGE. Policy 601 20 of 32 9. Never draw or re-holster a gun with the finger inside the trigger guard. 10. All firearms at the range must be encased, holstered or have actions open. 11. No smoking, eating or drinking is permitted on the firing line. 12. No talking is permitted on the firing line except by the range officer. 13. Never permit a firearm muzzle to touch the ground. 14. Shooters who fire a squib or hang fire round must stop at once. They must keep their firearm pointed downrange and attempt to clear the weapon themselves. Before opening an action or cylinder on a hang-fire, wait at least 15 seconds. Never fire another round until the firearm is checked for barrel blockages. 15. Dry fire on the range only at the range officers’ direction. 16. Only department approved long guns may be brought onto the range. They must be brought onto the range unloaded, with the action open and carried in a safe manner. 17. All weapons having both semi-automatic and full-automatic firing modes must be fired only in the semi-automatic mode unless directed otherwise by a range officer. 18. Should officers decide to clean their weapon at the range, they are to return all equipment to the proper storage place and leave the weapon cleaning area in a neat and orderly condition. 19. Weapons are to be cleared at the clearing barrel at a designated safe area. 7. Miscellaneous a. Firearms, which are carried on duty or brought into the police building must be securely holstered or kept in a locked and secure place out of reach of nondepartmental personnel. Exceptions: those instances involving authorized training, inspection, justified use of the firearm or when being examined by other members who are following those steps outlined in the clearing barrel procedure. b. On duty plain clothes personnel carrying a handgun are required to wear the department badge next to the weapon in a manner which is readily visible during those times when both the weapon and holster are exposed. Non-uniformed, off duty personnel who carry a handgun must carry their department badge and department issued identification card on their person. Exception: personnel acting in an undercover or special operations capacity are exempt from this Policy 601 21 of 32 provision when authorization has been obtained from a supervisor. c. When attending a firearm training function members must use the holster and associated equipment that is carried routinely on or off duty. d. No repairs or alterations that affect the firing standard, reliability or safety of a firearm are permitted. All alterations or modifications or a firearm must conform to factory specifications. e. No firearms, including backup weapons, are to be taken into the holding facility unless authorized by a the on-duty watch commander, other command level officer or field supervisor, or the potential need for deadly force is warranted. Firearms must be secured in the provided gun lockers. f. Members who allow other members to examine their handgun must do so by following those steps outlined in the clearing barrel procedure. g. All personnel carrying a firearm as authorized must carry a department issued identification card unless exempted as outlined in section 7.b. of this directive. h. Members who plan on consuming intoxicating beverages, or who have consumed intoxicating beverages or medication, to the degree their judgement or coordination may be impaired shall not have a firearm in their possession or on their person. i. Pursuant to the Administrative Regulation pertaining to the Substance Abuse policy, members must not appear for scheduled duty (including training events) or be on duty in a state of impairment caused by any intoxicant. Members are subject to substance abuse screening or tests for blood alcohol at the direction of the ranking supervisor if reasonable suspicion exists that a violation is occurring or has occurred. j. Privately owned handguns may be used for department use only if they have been authorized for such purposes by meeting all of the standards and requirements as outlined in this policy. k. Excused absences from regularly scheduled firearms qualification include the following: (1) Vacation or other authorized leave, (2)court, (3) alternative duty as authorized, (4) or as authorized by a supervisor or section commander or designee due to staffing requirements. Policy 601 22 of 32 Commissioned personnel must, at all times, conduct themselves in a professional and safe manner while at the range facility. Disregarding any of the following provisions shall result in corrective action varying from oral admonition to expulsion from the range. (1) Disregard of range officer’s instructions, (2) safety violations (3) or any disruptive behavior. Any action by a range officer is to be documented and forwarded to the range coordinator(s) who is to notify the specific member’s division or section commander. 601.08 Use of Force Option- Specialty Impact Munitions (SMS) A. Policy Officer are authorized to use and deploy Specialty Impact Munitions (SIMS) as approved by the department and subject to the provisions of the Colorado Revised Statues and Longmont Police Department Policies. B. Definition: 1. Specialty Impact Munitions (SIMS) are extended range impact projectiles designed to safely incapacitate potentially dangerous person(s) from a distance that minimizes the danger to the officers involved. Projectiles are fired, launched or otherwise propelled for the purpose of causing blunt trauma which is used to encourage compliance and overcome resistance with a reduced likelihood of causing serious bodily injury or death. Blunt trauma injuries are commonly consistent with hand held impact weapons, such as a straight baton, OPN, PR-24. SIMS are available for various weapons platforms including the 12-gauge shotgun, 37MM smooth bore gas gun, Sage SL-6 rifled projectile launcher and grenades. 2. Less Lethal Shotguns are 12 guage shotguns designed for use strictly with SIMS. These shotguns will be specifically marked to designate they are for less lethal use only. C. Basic Provisions: 1. Only those SIMS currently approved by the department shall be used. 2. A list of authorized SIMS will be maintained by the SWAT Team Less Lethal Specialists. Policy 601 23 of 32 3. Only commissioned personnel who have successfully completed department approved SIMS training are authorized to use SIMS. Officers are only authorized in the use of those specific SIMS in which they have received approved training. 4. Successful completion of the user certification course must include passing a written examination and qualification with the approved SIMS. 5. Officers authorized to carry and deploy SIMS will annually complete refresher training and qualify with the SIMS. 6. Less Lethal shotguns assigned to Patrol will be stored completely unloaded in their assigned cases. 7. Officers who are authorized to carry SIMS Less Lethal shotguns will carry them in “cruiser ready” mode while on duty. 8. Upon taking possession or carrying Less Lethal shoguns officers ill verify that they are only loaded with SIMS. 9. Lethal munitions will never be carried with, or loaded into, the Less Lethal Shotguns. 10. Special Weapons and Tactics Team members are authorized to use and deploy those less lethal weapons and grenades in which they have received approved certifications. 11. The Special weapons and Tactics Team will maintain the inventory of all SIMS. The teams’ Less Lethal Specialists, team leaders and team commander will determine the specific products maintained. 12. SIMS will be replaced as recommended by the manufacturer. D. Deployment: 1. Officers will notify dispatch and other officers over the radio of the arrival and deployment of SIMS. 2. When SIMS are deployed in situations involving a deadly weapon(S), a backup officer is to directly accompany the SIMS user and be designated to utilize lethal force, if necessary, consistent with law and department policies and procedures. 3. Verbal persuasion and warnings are required before the use of SIMS if circumstances allow it without risk to the safety of the officer or others. 4. All persons struck with SIMS and taken into custody shall be examined by qualified medical personnel and medically cleared. Policy 601 24 of 32 5. Unless unsafe to do so, officers shall photograph all SIMS injuries. 601.09 Use of Force Option- Conducted Energy Weapons A. Policy: Officers are authorized to use and deploy less lethal Conducted energy Weapons (CEWS) as approved by the department and subject tot he provisions of the Colorado Revised Statues and Longmont Police Department Policies. B. Definition: Conducted Energy Weapons (CEWS) are less lethal weapons that conduct electrical energy to target, thereby controlling and overriding the central nervous system of the body of the target. They are designed to safely incapacitate potentially dangerous person(s) from a distance that minimizes the danger to the officers involved. C. Basic Provisions: 1. Only those CEWS currently approved by the department shall be used. 2. A list of authorized CEWS will be maintained by the SWAT Team Less Lethal Specialists. 3. Only those commissioned officers that have successfully completed an approved CEW course will be authorized to carry and deploy CEWS. 4. Officers authorized to carry and deploy CEWS will annually complete refresher training and qualify with the CEWS. D. Deployment: 1. Officers will notify dispatch and other officers over the radio of the arrival and deployment of CEWS. 2. When CEWS are deployed in situations involving a deadly weapon(s), a backup officer is to directly accompany the CEWS user and be designated to utilize lethal force, if necessary, consistent with law and department policies and procedures. 3. Officers should use verbal persuasion and commands for suspects to obey police orders and cease illegal behavior prior to the use of CEWS if circumstances allow it without risk to the safety of the officer or others. 4. Only officers certified to use CEWS or qualified medical personnel should remove any CEWS probes that have penetrated into the subject. Policy 601 25 of 32 5. All persons subjected to a CEW and taken into custody shall be examined by qualified medical personnel and medically cleared. 6. Unless unsafe to do so, officers shall photograph all CEW injuries. 601.10 Use of Force Option- Monadnock PR-24 Batons A. PR-24 – Policy The PR-24 is authorized equipment for commissioned officers that have successfully completed the required department training in their use and application. The department sanction PR-24 batons in order to enhance an officer’s ability in applying effective defensive techniques during civil unrest and/or riot situation. PR-24 batons are to be used only by members action within their official capacity, which includes approved department training exercises. B. PR-24- Procedure 1. The PR-24 has been adopted as authorized equipment for commissioned police officer use during civil unrest or riot situations requiring the use of Mobile Field force tactics. 2. When not issued for training or Mobile field Force situations, PR-24 batons will be stored in a location or locations as authorized by the SWAT Team commander or his designee. 3. When issued, the PR-24 is only issued to officers who have successfully completed the Monadnock Minimum Pre-basic Class. This course consists of 6 hours of instruction by a certified Monadmock instructor. Each officer must successfully pass a demonstration and written test ensuring their proficiency in the PR-24 techniques taught. Each officer must re-certify with a certified Monadnock instructor every year. Officers will receive at least 23 hours training per year after their initial certification. 4. Not all PR-24 techniques are taught in the Pre-basic course. The techniques taught have been proven to be safe, effective and applicable to Mobile field force tactics. Use of techniques other that those taught in the course are not recommended. a. No choking or clubbing techniques are instructed. If these techniques are ever used, it becomes the responsibility of the user to justify their use. b. No deviations from techniques in the certification course are recognized. This does not restrict certified Monadnock instructors from utilizing advanced methods in which they have received instruction. 5. Carrying the PR-24 Policy 601 26 of 32 a. PR-24 batons will only be issued to authorized commissioned officers and only during training exercises, during civil unrest or riot situations requiring the formation of a Mobile Field Force, or during preparation for a situation that has the potential need for a Mobile Field Force. Otherwise, department members, except for SWAT Team members ( tactical squads only) and instructors, are not to carry, possess or retain a PR-24. b. During Mobile field Force events or exercises, and when not in use, the PR24 is to be hung from the duty belt using the PR-24 baton ring issues with the baton. During PR-24 training, the baton is to be carried as instructed by the instructor. c. PR-24 batons are not to be carried into the department holding facility. Policy 601 27 of 32 APPENDIX A CLEARING BARREL PROCEDURE SHOTGUN- Tour of Duty Check Out 1. Insert the muzzle of the shotgun into the clearing barrel opening. 2. Unload the weapon with care so as not to damage the shells. 3. Place the shells into the box adjacent to the clearing barrel. 4. Rack the action of the shotgun twice. Leave the action open. 5. Visually and physically, inspect the chamber and magazine to ensure they are empty. 6. Remove the muzzle of the shotgun from the clearing barrel and visually check the bore to ensure it is free of obstruction 7. Place muzzle of the shotgun into clearing barrel. 8. - Close the action Release the safety Pull the trigger 9. Put the safety on 10. Reload magazine 11. Replace in patrol vehicle rack a. Safety on b. Action closed c. Chamber empty Policy 601 28 of 32 d. Magazine fully loaded e. Ensure there are six shells in the sleeve, located on the stock of the shotgun or on a side carrier and placed in ammo container provided. SHOTGUN- Check into Armory Procedure for placing a shotgun into the department armory 1. Follow steps 1 through 6 for the shotgun checkout. 2. A shotgun is placed in the armory in the following condition. a. b. c. d. e. Safety on Action open Chamber empty Magazine empty Sleeve removed from the stock of the shotgun HANDGUN- Inspection 1. Draw weapon is a safe manner, keeping index finger out of trigger guard. 2. Insert the muzzle into the clearing barrel or clearing tube. 3. Unload the weapon a. Revolvers (1) Remove all round from cylinder b. Semi-automatic (1) Remove magazine (2) Remove round from chamber 4. Hand the weapon to inspecting member, grip first. a. Revolvers (1) Cylinder open, held by top strap b. Semi-automatic (1) Slide locked back Policy 601 29 of 32 (2) magazine removed from weapon 5. After inspection, the weapon is returned to the officer in the same manner as specified in #4 above. 6. Insert muzzle of weapon into clearing barrel or clearing tube and reload. 7. Re-holster weapon securely. RIFLE - Tour of duty Check Out 1. Insert the muzzle of the rifle into clearing barrel 2. Remove magazine and inspect 3. Pull charging handle to rear and lock back 4. Visually and physically inspect chamber to ensure an empty weapon. 5. Release the bolt 6. Press trigger 7. Safety on ( if weapon will allow) 8. Close dust cover 9. Reinsert loaded magazine 10. Return to carrying case Other rifles may require different clearing procedures. It is the responsibility of the member to know the proper tour of duty check for their rifle. Regardless of rifle type, the weapon shall have an empty chamber while in the carrying case. Policy 601 30 of 32 APPENDIX B DEPARTMENT AUTHORIZED SHOTGUNS Longmont Police Officers are authorized to carry either Department owned or individually owned shotguns meeting the following criteria: 1. Remington 870- pump action only 2. The shotgun must fit securely in place in the locking device in the patrol vehicle 3. Individually owned shotguns must be inspected and approved by an authorized Remington armorer prior to being carried on duty and documentation of same must be given to the range coordinator(s). DEPARTMENT AUTHORIZATION SHOTGUN AMMUNITION Longmont Police Officers are authorized to carry the following ammunition in department and individually owned shotguns. 1. Federal tactical 00 buckshot- factory load 2 ¾” shell. 2. Federal Hi-shot slugs- factory load 2 ¾” shell. 3. Other shotgun rounds may be approved on a as needed basis by a supervisor DUTY STATUS OF SHOTGUN Shotguns carried on duty are to be loaded as follows: 1. Chamber empty and magazine full with authorized 00-buckshot ammunition. 2. In ammunition carrier- two slug rounds DEPARTMENT AUTHORIZED RIFLES Longmont Police Officers are authorized to carry individually owned rifles meeting the Policy 601 31 of 32 following criteria: 1. .223 caliber- see rifle definitions for approved weapons 2. The rifle must fit securely in place in a padded hard case in the patrol vehicle 3. Individually owned rifles must be inspected and approved by the firearms coordinator(s) prior to being carried on duty and documentation of same must be provided in the range/qualification log. DEPARTMENT AUTHORIZED RIFLE AMMUNITION Longmont Police Officers are authorized to carry the following ammunition in individually owned rifles 1. Federal .223 Rem 55 gr soft point 2. Other rounds may be approved on a as needed basis by a supervisor 3. SWAT team members will use ammunition authorized by their team supervisors DUTY STATUS OF RIFLE Rifles carried on duty are to be loaded as follows: 1. Chamber empty 2. Three (3) magazines loaded to 95% capacity 3. When deployed, the rifle shall have one magazine inserted and a round loaded into chamber 4. A minimum of one additional magazine shall be carried on the officers person. Policy 601 32 of 32