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Memo-Work Session Topic-Tazers . Met110randrun To: Honorable Mayor and members of the City Council CC: Steve Mielke, City Manager From: Chief Craig A. Reid Date: 5/5/2004 Re: Work session topic- Tazers Recently the Hopkins Crime Fund Board donated 2 conducted energy weapons to the Police Department. These systems are commonly known by the brand name of Tazer. The Hopkins Police Department has utilized conducted energy weapons in the past. The weapon delivers a concentrated electrical impulse into a person resisting arrest that temporarily disab les them. A committee consisting of Sergeant Glassberg and selected officers developed policy changes necessary to provide operation of these devices under the department policy dealing with Use of Force, . General Order 102 and Department Authorized Weapons, General Order 103. Copies ofthe policies with changes highlighted in blue are attached to this memo. Tazers are not a complete answer to all possible scenarios where deadly force might be employed by a police officer in Hopkins. Tazers give another option on the use of force continuum that officers may employ under certain circumstances. Two officers have received training as instructors in Tazers and are set to train other officers in their use. Officer Craig Kreiling is one of the department instructors in Tazer, as well as a department fireanns instructor. He will join Captain Liddy and I to discuss and preview this new system and it's uses for Hopkins Police Department. e HOP~NSPOUCEDEPARTMENT Date of Issue Effective Date Number GENERAL ORDER 10/13/2000 10/23/2000 103 . Distribution Revised DEPARTMENT AUTHORQED WEAPONS ALL PERSONNEL 08/17/2000 PURPOSE To define what weapons are authorized for use by the Department and set standards ior their use and training. POLICY It is the policy of this Department that only items specifically authorized by the Department will be carried and used in the course of duty by members of the Department. It is also the policy of the Department that officers will be trained in the use of each weapon carried prior to authorization to carry and use the weapon. All officers will receive training in the use of authorized weapons at least yearly, unless specified otherwise, and the training will be conducted by persons trained as instructors. The department recognizes that exigent circumstances may require officers to use whatever means or objects available to prevent apparent great bodily harm or death to themselves or others. . 1. AUTHORIZED WEAPONS, FIREARMS A. On Duty Sidearms All on-duty officers will be armed with a department approved firearm. Authorized sideanns may be 9mm, .40 caliber or .45 caliber. No brand offireann will be used unless the brand and caliber has been approved by the chief firearms instructor after consulting with the Chief of Police. All sidearms will be carried in holsters approved for use by the firearms instructor. Other sidearms and calibers may be authorized by the Chief of Police for specitic duty assignments. B. Off Duty Sideanns Are those carried by the officer while off duty or carried as a secondary sidearm in addition to the on duty sidearm. Any ofT duty sideaml carried by an officer must be submitted to the firearms instructor to detemline sidearm functions are in accordance to manufacturer's specification. The officer may be required to provide ammunition for proficiency qualiiications with off duty sidearms at the discretion of the firearms instructor. . I GENERAL ORDER: 103 I Page 1 of6 I Chief Craig Reid I --------- An officer's authority to carry a firearm off duty without having to obtain a specific "Permit to Carry"' stems directly from the officer's employment with the Hopkins Police Depm1ment. Therefore, the carrying of a firearm while off duty, whether in the City of . Hopkins or not will be governed by Hopkins Police Department policy. Officers may carry a sidearm while off duty. Any sidearm carried as an off duty weapon by any member of the department must meet the conditions and specifications as set for authorized off duty sidearms or as otherwise approved by the Chief of Police. An officer who carries an off duty sideaml other than his/her regular on duty sidearm must qualify with each off duty sidearm carried at least annually. An officer's use of a firearm while off duty will be governed by applicable State Statutes and Department policy. An officer will not carry a sidearm while consuming alcoholic beverages unless necessary in the performance of duty. An officer will not carry a sidearm while under the influence of alcohol or drugs. An officer who elects not to carry a sideaml off duty shall not be subject to disciplinary action if an occasion should arise in which the officer could have taken police action if he/she was am1ed. C, Ammunition e The only ammunition permitted for oftlcial use is ammunition issued or approved by the Depm1ment. Personal handloads are not authorized ammunition for service use. D. Firearms Qualification Every sworn department officer is required to pass an initial qualification and proficiency test prior to being allowed to carry a fireaml as a member of the Hopkins Police Department. All sworn officers will be required to re-qualify with their department authorized tIrearm at least two (2) times per year. At least one of the qualifications will involve real or simulated cold weather conditions and at least one of the qualifications will involve real or simulated nighttime conditions. A total of four (4) qualifications may be olTered by the Department. Absence from a scheduled qualification shall be only with permission of the Captain or Chief of Police. An officer may elect to carry a secondary firemm on duty. If an officer chooses to do so, all of the authorization and qualification requirements which pertain to off duty firearms will also pertain to a secondary firearm. . I GENERAL ORDER: 103 I Page 2 of6 I Chief Craig Reid I The armorer may inspect parts and function while the fireaml instructor shall only determ i ne if the sidearm functions as intended. . Every firearm canied by an officer, whether department owned or individually mvned, will be recorded by make. caliber, serial number and the name of the officer who carries the fireann. Firearms used for sporting or recreational purposes will not be inspected or recorded by the department A firearm shall be submitted to a fireamls instructor or armorer for inspection when: 1. It has not been previously inspected. 2. It has been mechanically altered. ^' It is not functioning properly. -' . 4. When directed by a firearms instructor or supervisory officer. All officers, whether on or off duty, will cany an authorized firearm while operating or riding in any marked Depmiment vehicle. Department issued firearms should not be locked in the passenger compartment or glove box of an unattended vehicle, Officers shall not remove a firearm from its holster or case in police facilities or in public except for the following reasons: . 1. At an authorized range for repair. inspection, cleaning, practice or training, ., Safekeeping in the weapons lock box before entering the jail area. 3. When necessary in the performance of official duties as a police officer. Officers will be required to qualify with other department firearms they are authorized to use (shotgun. semi-automatic rifle, etc.) at least once per year. It is the responsibility of each individual officer to maintain a satisfactory level of proficiency in the use of firearms through regular practice. An officer who fails to qualify after two (2) initial attempts is required to anange remedial training with a department firearms instructor. This will be at the convenience of the instructor. (The firearms instructor may use duty time.) The officer must qualify within 30 days of the initial qualifying attempt. An officer who fails to qualify within the allotted time will not be authorized to carry a firearm. Officers not authorized to carry a fireaml may face suspension and/or dismissal from the Department Exceptions to the above may be made only upon written approval of the Chief of Police. e II. OTHER WEAPONS I GENERAL ORDER: 103 I Page 3 of6 I Chief Craig Reid I A. Impact Weapons All officers of the Department will be furnished with an impact weapon of a type . authorized for use by the Chief of Police. An impact weapon may be either a straight wooden baton or a collapsible baton such as an "Asp". Officers using a collapsible baton will carry it on their duty belt. Straight wooden batons may be carried in the police squad but then must be carried by the officer when he/she is out of the squad on a call. Impact weapons will be used in accordance with the Department policy dealing with use of Force. Officers will be trained armually in the proper use of impact weapons. The Chief of Police may authorize officers to be exempt from carrying an impact weapon on duty due to their assignment. Officers not issued an impact weapon will not be required to take part in annual training. B. Chemical Agents Ot1icers are authorized to carry chemical irritants/incapacitators which have been approved for use by the Chief of Police. Prior to authorization to carry a chemical spray. each officer must be trained in the application and e1Tects of the chemical spray and the recommended post exposure treatment. Re-training will be done annually. It is recommended that initial training include controlled exposure of the officer to the effects . of the spray. When using chemical agents. officers should remember that they may not be effective against some individuals. When transporting a subject who has been sprayed with a chemical agent. it is recommended that the subject be seated in an upright position, C. Cunducted [nerg: \\\,'apl111:' Ih,,' :\.~6 Ta:,er is ~I Icss-kth,ll lk\i,,',,' that should he depln: ed as ,111 ,ldditi(IIl~1Ila\\ e111\ l['Cement t(1(l 1 that r,,'d uces the Ii kel j IHWd of i nj ur: tu un ieer:,. SLl bj eeh. ur (1[I1<..Ts, It "hllLlld be used tp C()lllrul ~'!l1d .' (II' ,lpl'rL'h,,'nd d,lI1geroLls I\r \'jolel1l suhjeds \\h"'11 dc,ldl: Illrce is nntjustiiied: or ,lllcmpts 111 subdlk' tl suhject h) \erb,d kL'lmiques aud commands ur sun hand techniquc,; han' bl'CI1. or the ()!'j)c~:r re,lson,lhly hclil'\ ,,"'; \\ ill he. ineffecti\ e: Ill' the lIllil'er hus ~l reas()llabk belief that it \\olild be lIrh~lh: ttl appr()8ch \\lthin cuntacl rtln~e 1)1' ~l gi\ en subject, I. ,\uthuri/ed llse uf \..26 T,ber ,1. Usc lll'the X~()ltlSl'r is ~IUlllllri/t'llllnder the same guidelines as t\!innesnttl State Statute 1109,06 as \\ L'll as Del18rtm:nt policil's, . h. The X.261 aScI mtl) be i~sucd lo t1lld cleplllyed by all departl11l'llt ml'mbers trained ~ll1d clT1ilied ,IC, ~111 I)peralor. Tht' Taser sl1<111 he \\urn ill ~l Department pr,widcd hl!\"lCr or ~I Department appro\t'd l1tllskr I')n the I GENERAL ORDER: 103 I Page 4 of6 I Chief Craig Reid I 1)11iccr's n0I1-!II"':~11'1l1 silk to a\ oid thc onicer misLlkcnl:-- llr~l\\il)~ their Ill'earm in a strc'ss[ul situ,lti(ln, . :2. Pr\lcedures 1'(l!' Use It [ X::2c) Ta"...T Uncc an oni..:er has decilkd tlk' criteri~1 exists 1'(\[' deplll) menl ()[ llK' '~::2h ! ~lSt'L the I\lllo\ving shall he Cldhel'ed lu: ~L Ufliccrs shall ,1\ (lid Llrgding the hc,ld. nl.'ck, or groin ~lI\:a o[ ~l SUhj""L'l. I he X::2(i T:1ser should be largL'lt..'d at L'enter mass whcn pnssihk, b, Prillr to the dep]uym...'nt o,'th.... X::'.h las"'T, ufficers, if at c111 pl)ssiblc, ,ll-": tu ad\ise other ollieers ofthc impending deployment by announcing "Taser. 'I aser. C', Thc' X.26 Taser is designed tll dcli \ (T a fi \C second electric"l ....lI1Tent. It is recommended Iklt each lIse shpuld he a i'ulI1i\'e seconds, 01"!ieers kl\ e the discretion oftenninating lh...' L',\POSlIl\: by turning the X26 Tas...'r lIntt 01'1'. {)1'Iicers abo h:1\ c the discretion to dcliver additional shocks ()I' l'kctrie:l1 CUITl.'lll. or lengthen the dur~lti(m (I!, the electrical current i!' neceSS:lry tll Cllntrol and / 01' ~lpprchend a suhjc'ct. Oflicers are to use this disel'etion as the ci rl.' Ul11st3nccs u t" l'~lc' h i I1C i dt'nt \\ arrant. d, .\!'ter deploymcIlt (lj'lhe X::'.h raser, officers SI1311 nntil~ the on dut) supen'isur or ule as SOl)J1 ~IS il is sak tn dll so, The dut) supen iSllr (II' UIe shall immediakly rcsl'L1l1d [(l lh...' SCL'ne. \kdical atlt'nlill!1 skill he ~ld111inislered to thc' subject as set 1'(\[.tl1 in thl.' Ikparlmellt USL' ui' l'llree p(11ie), e, 11' the probes nrlhe X.2h T~lSer penetrate the skin nrthc subject. thc ol"ticer llr . \Ither trained cll'11<ll'lment n1<.::mhcr may re1110ve them, 11' the pwbes are stucL in th.... subject"s he~I(1. neck. ),!I'llin. a l(male's breast. LlI' the probL' is ,:mhedded so ekep as tll pre\ t'nl the probe from h:mging loosely th...: subjel'l shall be taken to ,111 ~lrea hospital \ i~l param....dic tr~msport Tn have the pl\)bl'S rel1w\ed by m...'dical st::lff Pho[ngraphs shal I he taken ()fthe probe 11('netr~'lti(ln sites in ,lCcordance \"ith the Department l:sL' of ['oree j1o]ic), r After the prohes are l\:mo\ed from ~l subject. the ulTicer sh~dl im erl the pr(lbes back into the sl1c'nl air cartridge to prevl.'nt the sharp end." lli' the 11rnbe being e\posed, The \\ires shall he Cllt from the probe. prekubly Ica\ ing !\\u to three inches of \\ ire attuched [(l the prohe. The remail1lkr p!' the \vire may be dise~m!ed. Tap...' shall he pbced (l\ ('I' the J1robes tll seemL' lhl.'m in thc' spent air cartridge. The ~Iir carlridge ,md prc,bes shall be placed int(\ ...'\ idence sealed in a plastic h~lg, The [1!aslic h,lg sl1lluld be nllted thal it cunLlins ~l puknlial bioh<IDlrd, " The X::2(1 T aser shall he tempormi ly taken uut or se-r\ice ~ll1d 1'()r\\ ~lrlkd to thl.' ~ Training Sergc~lI1t Ill' h) the i'r,'lining Sergeanfs diredi(ln ~l certilied instruetnr su thal the l~ring dala m:J.) be do\\ nlL1aded. The data \\ ill be included in lh.... incil.knt repurt. :l11d a separ~ltt C(lPY will be retained by tht' rrClining Sergeant. 3 , Jll'll h i h i ted U se Th...' .\.::26 Taser shall nlll he us...'d in thL' i'ollo\\ing m~1I1ner: . a. As an interrogati\.... dn ice either through application or threM thereof. b. Tp thrt'atcH, har~lS~< L'(lereL'. taunt. (1r abuse. GENERAL ORDER: 103 I Page 5 of6 I Chief Craig Reid --..,.-------- c, In the [llesenc\..' Ill' lbmmabk liqllid:-: ur fumes. d II' the :-:ll bj ect i~ l1e~lr ~I drop-ofe. ledge. roof. stai r. \lr ~')tl1(T t Ypl.' "tlud me. Ll11d il'(h,-' subject \hTe t(1 fall thele \\ould be ~I subsLlIlti~11Iike]ih()()l1 ,11' greLlt . 1:1()(lily harm 01 lkath. and the orficer is n()t justified in the use ld' deLIL!l> 1'u 1',-'': , ,-', Ilu\\e\'tT not spcei I~('~dly prnhihilt'lL oft[c,-'rs shall taLL' cUl1sidclclti, In j'llr subjects the ollieer knuws, or should reas()jwbly ]..:11\\\\ to he l'rl'~ncll1L du,-' (,I the like I ihuud (11 inj ury to the fetus from a Ltll. ..j., <-;t( Ira!:,e or the X2(1 '[ ~lsel I he' X2h 'laser sId I h: "tured in the Sergeants" ollice. lhe .\:2 h lLbcr sh~d I be <,tlll',-'d in Ll departtn,-'nt pnwided holsk!'. The duty supen isur ()r (lie shall issue tile .\::2h Taser to thl' ulrice!'. The duty supen isor or (He shall ~ll'cuunt 1'ur the .\::2() laser prim to the end of his / her duty shi n. ), \LiinknClnce and Sn\ice urthe X2h laser [ he officer sha1l dell'rm i ne if tlw .\:2 h T ascI' is in proper runct ioni II!:, Cl)ndi tiL)11 I,rior tLl thc h:ginning of his / her duty shift. I f the X26 'laser is f(Hll1llto be nEllfunctiuning. the of1icl'r shall acl\'ise the duty supenislll' or (He. \\]w \\ill then l~)]'\\ ard t h,-' :\.2 (1 I a:--er w the T raini ng Sergeant or by the r rain in!:, S\:Tge~1l1 t" s directilln a ccrtifkd instrul'1or. . III. REPORTS Any officer who uses one of the weapons described in this section or uses any other item or tool as a weapon against another is required to complete an official Use of Force report. Nothing in this policy will prevent any officer from using any weapon or tool available to him/her in the immediate defense of self or another from death or bodily harm if the use of an approved weapon is not possible. IV. RECORDS Training and qualifIcation records for all authorized weapons will be maintained for each ot1lcer. The training sergeant is responsible for these records. . I GENERAL ORDER: 103 I Page 6 of6 I Chief Craig Reid I HOPKINS POLICE DEPARTMENT Date of Issue Effective Date Number GENERAL ORDER . 10/13/2000 10/23/2000 102 Distribution Revised USE OF FORCE ALL PERSONNEL 08/17/2000 PURPOSE To set department policy regarding the use afforce by officers and to provide a framework for the prudent and reasonable use of force. The safety of the officer and the public is the primary objective. SCOPE This policy covers all sworn officers and reserve officers acting under the direction of a sworn officer. 1. DEFINITIONS . A. Deadly Force: Force which the officer uses with the purpose of causing or which the officer should reasonably know creates a substantial risk of causing death or great bodily harm. The discharge of a firearm in the direction of another person, or at a vehicle in which another person is believed to be, constitutes the use of deadly force. B. Great Bodily Harm: Bodily injury which creates a high probability of death, or which causes permanent disfIgurement, or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. C. Reasonable Belief: When facts or circumstances the oftlcer believes, knows or should kno\v, are such as to cause a reasonable and prudent police officer 10 act in a similar marmer under similar circumstances. II. USE OF DEADLY FORCE Not withstanding the provisions of Minnesota State Statutes 609.06 and 609.065 and 609.066. the use of deadly force by a peace officer in the line of duty is justified only when necessary to: A. Protect the life of the officer or another from apparent death or great bodily harm or; B. To effect the arrest or capture, or prevent the escape, of a person whom the officer knO\vs or has reasonable grounds to believe has committed a felony involving the use or threatened use of deadly force or; . I GENERAL ORDER: ]02 I Page 1 of 4 I Chief Craig Reid -..- C. To etfect the alTest or capture, or prevent the escape, of a person whom the otrrcer knows or has reasonable grounds to believe has committed or attempted a felony if the ofticer reasonably . believes that the person will cause death or great bodily harm if apprehension is delayed. If feasible. a verbal v,!arning should be given prior to the use of deadly force. Firearms shall not be discharged as a warning to effect an arrest. POLICY It is the policy of the Hopkins Police Department that all officers comply with State Statute 609.06 and other Department policies when using force against the public. An officer may use only that force reasonably necessary under the circumstances to accomplish a lawful objective, bringing an incident under control while protecting the safety of the ot1icers and others. III. USE OF FORCE - GENERAL RULES Reasonable force may be used upon or toward another without the other's consent when the following circumstances exist or the officer reasonable believes them to exist. To accomplish the following objectives: A. In effecting a lawful arrest . B. In the execution of legal process C. In enforcing an order of the court D. In executing any other duty imposed upon the officer by law or; E. In defense of the officer or another The justification for the use of force and the method and severity of the force will be determined by factors including but not limited to: A. The nature of the offense B. The behavior of the subject against whom the force is used, such as the level of any threat presented or any actions by the subject to flee or to resist C. Actions by a third party who may be present D, Physical condition and training of the officer E. The feasibility or availability of alternative action known to the officer. PROCEDURES Under nOlmal circumstances, only the methods listed below may be used to apply force. These methods are listed in ascending order from the least to most severe. Except in exigent circumstances. officers will use tools and equipment which have been approved and/or issued by the Department and for which they have received training. . A. Officer presence I GENERAL ORDER: 102 I Page 2 of 4 I Chief Craig Reid I B. Verbal techniques and commands C. Soft hand techniques . Artificial incapacitation devices such as chemical agents or ' ; E, Hard hand techniques F. Impact weapons (ASP, baton or similar) or Police K9 G. Deadly force Nothing in this policy should prevent an officer from using other alternatives short of physical force to effectively resolve a situation. In addition, nothing in this policy will prevent an oflicer from immediately using or proceeding to a level afforce reasonably necessary to control the situation at hand without first exhausting lesser degrees of force when it reasonably appears that the lesser degrees of force would not be effective or would place the officer's safety in jeopardy. IV. MEDICAL ATTENTION After each use of force, the oHicer involved should assess what injuries may have been sustained by the suspect. The assessment should be done by visual observation and/or by asking the suspect if he/she is hurt. If a suspect complains of an injury but none is apparent, the situation should be treated as if the injury did exist. Medical attention will be provided as appropriate. An officer \vho may have sustained an injury wilL of course, seek or be provided an appropriate medical treatment. Photographs will be taken of all obvious or . suspected injuries. V. REPORTS When an officer must resort to a level of force that is greater than simple soft hand techniques. the officer shall prepare an incident report and a "U se of Force" report. The officer will also infonn the on duty supervisor or ole of the use of force as soon as practical after the incident has been controlled. Every incident requiring a Use of Force report will be reviewed by the officer's supervisor to ensure that the use afforce was appropriate and within the guidelines of the policy. The supervisor will initial the Use afForce report and forward the report to the ChiefofPolice through the Captain. The supervisor may remove any officer involved in use of force that results in great bodily haml or death from line of duty assignment, pending review by the Chief of Police , This action is to be taken solely to allow the officer involved to receive critical incident debriefing and counseling. VI. TRAINING . I GENERAL ORDER: 102 I Page 3 of 4 I Chief Craig Reid All otTicers will receive annual training in the use afforce, including the use of deadly force. The Training Sergeant or other Department member as designated by the Chief of Police, is . responsible for ensuring that all officers receive training, Annually, the use of force reports will be reviewed by the Training Sergeant. A report shall be submitted to the Chief of Police summarizing the Department's use of force and making any recommendations for modification of policy and/or training. . . I GENERAL ORDER: 102 I Page 4 of 4 I Chief Craig Reid