5-313 - Force Option- Chemical Munitions

The purpose of this policy is to ensure that members who carry weapons and force devices, and who use weapons and force devices, including chemical munitions, adhere to the force guiding principles described in P&P 5-301. The force guiding principles include, but are not limited to, the Sanctity of Life (as incorporated below), the Duty to De-escalate, and Objectively Reasonable, Necessary, and Proportional Force.

MPD and its members shall uphold the sanctity of life (P&P 0-102 and P&P 5-301) by striving to protect and preserve human life in all situations and keep the community and MPD members safe from harm.

This policy addresses chemical munition use. Impact projectiles that include chemical munition agents are covered both by this policy and by P&P 5-307.

Only for Use by SWAT

Chemical munitions shall only be used by trained Special Weapons and Tactics (SWAT) personnel, and only in accordance with the requirements below.

Civil Disturbances and Assemblies

All use of chemical munitions for crowd control purposes or during civil disturbances and assemblies shall only occur in accordance with P&P 7-805.

Conditions for Use

Chemical munitions may only be used in accordance with the factors and requirements described below. In addition to the conditions in this policy, the use of chemical munitions must be objectively reasonable, necessary, and proportional, and members shall use the lowest degree of force necessary (P&P 5-301). When using chemical munitions members must apply the critical decision-making model (CDM) (P&P 7-801) to continually assess the situation and modulate their use accordingly as the subject behavior change.

Authorization

When not used for crowd control purposes or during civil disturbances (P&P 7-805), chemical munitions may only be used on a person, surface or structure in one of the following situations:

1. For life-saving purposes.

or

2. When approved by Deputy Chief or higher, the Commander of the Special Operations Division, or the SWAT Commander.

or

3. When an occupant of a vehicle who is reasonably believed to be armed with a firearm refuses to exit the vehicle following a lawful command to do so, a SWAT supervisor can approve the use of 40mm rounds containing OC or CS for use on the vehicle (P&P 5-307).

Method of use

In the above situations, the chemical munition may be used in one of the following ways:

1. Directed away from the person’s location as a distraction.

2. Directed at a surface such as a window, structure or vehicle, to deliver chemical munition agents to an area to expose nearby people or for area denial.
3. Directed at a person when the chemical munitions are 40mm rounds containing OC or CS and intended for direct impact with a person, and when used in accordance with P&P 5-307.
4. As an obscurant (when containing smoke).

Consider risks and other means of control

Prior to using chemical munitions, members shall consider:

1. The risks to any person who may be inside a structure or vehicle, and to any person outside who might also be exposed.
2. Whether the person could be controlled by any other reasonable means without unnecessary risk to the person, members, or to the public.

3. Vulnerability of the person (P&P 5-301).

Warnings and Announcements

Warning required

Prior to using a chemical munition, members shall provide oral warnings indicating that they intend to use chemical munitions unless the person submits to their authority, when it is feasible to do so (in accordance with P&P 5-301).

1. Members shall allow a reasonable amount of time for a person to comply with a warning, when feasible to do so.

2. The warning shall only occur in situations that a member reasonably believes may result in the use of chemical munitions.

Announcements for impact projectiles

Any discharges from an impact projectile launcher shall follow requirements in P&P 5-307 regarding announcements, which are incorporated here for ease of reference:

It is important that whenever possible, all members involved, and possible responding members know that an impact projectile is being discharged so they do not mistake the sight and noise from the impact projectile discharge as a live ammunition discharge. In addition to the requirements in [II-D-1] above:

1. Members shall announce over the radio that an impact projectile launcher will be discharged, when time and tactics permit.

2. Whenever feasible, members discharging an impact projectile should yell "Code Orange!" prior to and during the discharge.

Note: Impact projectile launchers have an orange barrel indicating they are intermediate weapons (see the specifications in P&P 5-307).

Treatment and Medical Aid

1. In addition to standard medical treatment after uses of force (in accordance with P&P 5-301and P&P 7-350), post exposure treatment for a person that has been exposed to the chemical munition agent shall include as many of the following as possible:

• Removing the affected person from the area of exposure.
• Exposing the affected person to fresh air.
• Rinsing the eyes and skin of the affected person with cool water (if available).
• Placing the person in an upright seated position, or if that is not feasible, in the side recovery position.

2. A person who has been exposed to a chemical munition agent shall not be left lying on their stomach once handcuffed or restrained.
3. Members shall keep a person exposed to the chemical munition agent under close observation until they are released to medical or other law enforcement personnel and shall watch for symptoms of a significant adverse reaction, which could include, but are not limited to blistering, burns, difficulty breathing, excessive pain, visual disturbance, or an altered mental state.

1. If the person exhibits such symptoms after having flushed the affected areas, or the person indicates that they have a pre-existing condition (such as asthma, emphysema, bronchitis, or a heart ailment) that may be aggravated by the chemical munition agent, members shall arrange for immediate transportation to a hospital for medical treatment.

4. A member transferring custody of a person exposed shall inform the entity accepting custody that the person was exposed to a chemical munition agent.

Emergency Services

When chemical munitions are used, the Fire Department and an ambulance will be on standby at a safe distance near the target area.

Canister Removal

After the scene is secured, SWAT team members shall remove and dispose of any canisters in the area.

Documentation

Members shall document use of chemical munitions as a use of force in accordance with the policy on reporting force (P&P 5-302).

Training Required

Only members who have completed the required training are authorized to use chemical munitions.

Specifications for Chemical Munitions

Members are only authorized to use chemical munitions that are issued by the Department. Members shall not modify or cause to be altered approved chemical munitions.

Impact projectile and impact projectile launcher specifications are described in P&P 5-307. Other chemical munitions are authorized by the Commander of the Special Operations Division.

• 40mm Round: A direct fire impact projectile round used in situations where maximum deliverable kinetic energy is desired for the incapacitation of a person.
• Area Denial: Preventing people from entering a room or similar area through the use of chemical munitions.
• Assembly: An assembly is a group of people gathered together in one place for a common purpose.
• Carry Weapons and Force Devices: Having a weapon or force device on one's person. This includes having it in a pocket, holster, or backpack or similar container, as well as having it slung or having it in hand.
• Chemical Munition: Munitions designed to deliver chemical munition agents from a launcher or be propelled by hand. (P&P 5-313)
• Chemical Munition Agent: The active chemical ingredient in the chemical munition, such as 2-chlorobenzalmalononitrile (CS), Oleoresin Capsicum (OC), Hexachloroethane (HC-smoke), or Saf-SmokeTM. (P&P 5-313)
• Civil Disturbance: A civil disturbance, also known as civil disorder or civil unrest, is when a gathering or assembly becomes violent or involves a collective threat of imminent violence, including but not limited to, assaults, significant property damage, arson fires, and bodily injury to people.
• Critical Decision-Making Model: A tool that allows members to organize situational factors and inform their decisions as they respond to police incidents of all degrees of complexity. All sworn members are trained in using the critical decision-making model (CDM). (P&P 7-801)
• Crowd Control: Techniques used to address unlawful public assemblies.
• Crowd Control Purposes: Using tactics or weapons to contain, control or disperse a crowd or assembly.
• Feasible: Objectively reasonably capable of being safely done or carried out.
• Firearms/Ammunition/Firearm Accessories: A device that projects either single or multiple projectiles at high velocity. Ammunition is a term meaning the assembly of a projectile and its propellant. Accessories include but are not limited to holsters, gun cases, firearm optics, suppression devices, cleaning supplies, etc.
• Impact Projectile: An object launched from a tool designed to incapacitate the person or achieve pain compliance, exclusively through blunt-force trauma of kinetic energy from the mass of the projectile. Impact projectiles include the 40mm round and the bean bag round fired from a bean bag shotgun. (P&P 5-307)
• Impact Projectile Launcher: The authorized tool designed to launch impact projectiles. This includes, but is not limited to, the 40mm launcher and the bean bag shotgun. (P&P 5-307)
• Intermediate Weapon: Weapons that are not intended to cause death or serious physical injury and are not empty hand techniques. These include CEWs, chemical aerosols, chemical munitions, impact projectiles, and batons.
• Munitions: Types

  Chemical Agent Munitions: Munitions designed to deliver chemical agents from a launcher or be propelled by hand.

  Less-Lethal Impact Munitions: Impact munitions which can be fired, launched, or otherwise propelled.

  Direct Fired Munitions: Less-lethal impact munitions that are designed to be direct fired at a specific target.

  Indirect-Fired Munitions: Less-lethal non-direct impact munitions that are discharged toward a surface in front of a target, intended to impact the subject following contact with the surface.

• Special Weapons and Tactics Team: A specialized police unit trained and equipped to handle high-risk situations beyond the scope of regular patrol, such as armed barricades, hostage rescues, and high-risk warrant service.
• Subject Behavior:

  Subject Behavior: The actions, language, demeanor and conduct exhibited by a person. The behaviors are used to categorize and assess the degree of cooperation, resistance, or threat posed by the person.

  Complying with Orders: The person is following direction or lawful orders given.

  Passively Resisting: The person is not complying with a member’s commands and is uncooperative but is taking only minimal action to prevent a member from placing the person in custody or taking control of the situation. Examples include:

  • Standing stationary and not moving upon lawful direction.
  • Falling limply and refusing to use their power to move (becoming "dead weight").
  • Verbal non-compliance: Using language that signals an intention to avoid or prevent being taken into custody but does not signal an intent to cause physical harm.

  Actively Resisting: The person’s actions are intended to prevent a member from placing the person in custody or taking control of the situation but are not directed at harming the member. A person’s reaction to pain caused by a member, and a person’s purely defensive reactions to force, do not constitute active resistance. Oral statements alone do not constitute active resistance. Examples include:
  • Walking or running away after being informed they are not free to leave, are detained, or are under arrest.
  • Forcefully resisting the member’s grip.
  • Holding onto a fixed object after being given a lawful command to move or let go, in a situation other than a protest or demonstration (P&P 7-805).
  Objectively Imminent Physical Harm:
  Aggressively Resisting or Assaultive: The person displays the intent to imminently harm the member, themselves or another person. Examples include:
  • Taking a fighting stance (such as clenching and raising fists into a boxer pose or a substantially similar action).
  • Punching, kicking, or otherwise striking.
  Aggravated Aggressive Resistance or Aggravated Assault: The person displays the intent to imminently harm the member, themselves or another person, and the person’s actions are likely to result in great bodily harm or death. Examples include:
  • Use of a firearm.
  • Use of a blunt or bladed weapon.
  • Extreme physical force.

• Use of Force:

  An intentional contact, directly or indirectly (such as through a weapon or force device), with someone’s body, that causes pain or injury or restricts, controls or directs someone’s movement. Intentionally placing someone in fear of such contact or threatening such contact can also constitute force. This includes, but is not limited to:

  • The use of any weapon, substance, vehicle, equipment, tool, device or animal that inflicts pain or produces injury.
  • Any physical strike to any part of the body.
  • Any physical contact or threat of contact by the member or a weapon that causes or threatens to cause pain or injury.
  • Any physical contact or threat of physical contact by the member that results in physical restriction or manipulation of movement.
  • Unholstering or displaying a weapon when engaged with a subject or subjects, or pointing a weapon at a person.
• Use Weapons and Force Devices: Activating or applying a weapon's or force device's mechanical functions, pointing a weapon, or making contact with a person with the weapon or force device. This includes discharging a weapon such as a firearm, chemical aerosol, or impact projectile launcher, deploying a CEW, performing a CEW warning alert, activating a CEW, laser painting a person, applying handcuffs or restraints, and making bodily contact with a person with a baton or other impact weapon.