5-317 LESS-LETHAL 40MM
LAUNCHER AND IMPACT PROJECTILES (07/16/19) (08/21/20)
I.
PURPOSE
A.
The MPD recognizes that
combative, non-compliant, armed and or otherwise violent subjects cause
handling and control problems that require special training and equipment. The
MPD has adopted the less-lethal force philosophy to assist with the
de-escalation of these potentially violent confrontations.
B.
This policy addresses the
use of the less-lethal 40mm launcher and the 40mm less-lethal round. The
deployment of the 40mm launcher is not meant to take the place of deadly force
options.
II.
DEFINITIONS
40mm Less-Lethal round:
Direct fire round used in situations where maximum deliverable energy is
desired for the incapacitation of an aggressive, non-compliant subject.
III.
POLICY
A. This policy
applies to officers who are not working in a certified SWAT capacity.
B. The
40mm launcher with the 40mm less-lethal round should not be used in deadly
force situations without firearm backup.
1. The
use of the 40mm less-lethal round should be considered a level slightly higher
than the use of an impact weapon and less than deadly force when deployed to
areas of the suspect’s body that are considered unlikely to cause death or
serious physical injury.
2. Prior
to using less-lethal options, officers need to consider any risks to the public
or themselves.
3. When
using the 40mm less-lethal round, consideration shall be given as to whether
the subject could be controlled by any other reasonable means without
unnecessary risk to the subject, officers, or to the public, in accordance with
knowledge and training in use of force and MPD policies governing the use of
deadly and non-deadly force.
C. Only
officers trained in the use of the 40mm launcher and 40mm less-lethal round are
authorized to carry and use them.
D. Officers who
are not working in a certified SWAT capacity shall not deploy 40mm launchers
for crowd control purposes or in civil disturbances or assemblies, unless
assigned to do so in accordance with P&P 5-312. The use of 40mm launchers
in crowd control situations by officers working in a certified SWAT capacity is
covered in P&P 5-312.
IV.
PROCEDURES/REGULATIONS
A.
Standard projectiles
1.
Officers shall only carry
MPD-approved 40mm rounds. Ammunition specifications are available from the
Range Master.
2.
The MPD Range shall issue
40mm rounds with each launcher depending on the needs of the 40mm Operator
Program. The MPD Range shall replace any rounds used or damaged as needed.
B.
Target areas
1.
The primary target areas for
the 40mm less-lethal round should be the large muscle groups in the lower
extremities including the buttocks, thigh, knees. Alternative target areas
include the ribcage area to the waist, and the larger muscle areas of the
shoulder areas. Areas to avoid when using the 40mm less-lethal round are the
head, neck, spinal cord, groin and kidneys.
2.
Officers shall be aware that
the delivery of the 40mm impact projectiles to certain parts of the human body
can cause grievous injury that can lead to a permanent physical or mental
incapacity or possible death. Areas susceptible to death or possible severe
injury are the head, neck, throat and chest (in vicinity of the heart). Unless
deadly force is justified, officers should avoid the delivery of 40mm impact
projectiles to any of the above-described areas.
C.
Deployment
1.
The 40mm launchers can be
used when the incapacitation of a violent or potentially violent subject is
desired. The 40mm launcher can be a psychological deterrent and physiological
distraction serving as a pain compliance device.
2.
If a supervisor or responding
officers believe that there is a call or incident that may require the use of
less-lethal capability, they may request via radio or other means that an
on-duty MPD-trained operator with a 40mm launcher respond to the scene.
3.
Officers shall announce over
the radio that a 40mm launcher will be used, when time and tactics permit.
a.
It is important that whenever
possible, all officers involved and possible responding officers know that a
40mm less-lethal projectile is being deployed so they do not mistake the sight
and noise from the deployment as a live ammunition discharge.
b.
40mm launchers have an orange
barrel indicating they are the less-lethal platform.
4.
When appropriate given the
situation, officers firing a 40mm less-lethal projectile should yell "Code
Orange!" prior to and during firing.
D.
Carrying and storage
1.
40mm launchers shall be
assigned to each precinct, City Hall and specialty units as needed.
a.
Each 40mm launcher shall be
kept its own case and in a secured gun locker.
b.
Only commanders or their
designee and MPD-trained operators will have keys to the 40mm armory lockers.
2.
MPD-trained operators shall
carry the 40mm launchers during their assigned shift, when available.
E.
Maintenance of 40mm
launchers
Only
MPD certified Range personnel shall perform maintenance and repairs to the 40mm
launcher.
F.
Subjects injured by
40mm less-lethal projectiles
1.
Medical assistance shall be
rendered as necessary in accordance with P&P 5-303.01 and the Emergency
Medical Response policy (P&P 7-350).
2.
If possible, photographs
should be taken of any injuries to the suspect.
G.
Use of Force reporting
1.
Officers that deploy a 40mm
less-lethal round shall report the force in accordance with P&P 5-306, and
shall complete a report entitled "FORCE."
2.
Officers who deploy a
less-lethal round shall immediately notify dispatch, who will notify a
supervisor.
3.
A supervisor shall respond to
the scene any time a 40mm less-lethal round is used. The responding supervisor
shall review the incident and complete a use of force review in accordance with
P&P 5-307.
4.
Supervisors shall ensure that
all spent 40mm less-lethal rounds are collected and property inventoried if
possible.
Definitions
Refer to the Commonly Used Terms page for general definitions.