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1931RESOLUTION NO. ~93I A RESOLUTION APPROVING REVISIONS TO THE USE OF FORCE POLICY FOR THE WEST MEMPHIS POLICE DEPARTMENT, AND FOR OTHER PURPOSES. WHEREAS, the West Memphis Police Commission has considered and recommended certain revisions to Chapter 7, Section 1, Use of Force, of the Policy and Procedures Manual for the West Memphis Police Department and a copy of the proposed revised Chapter 7, Section 1, is attached hereto and incorporated herein by reference; and WHEREAS, the City Council finds that Chapter 7, Section 1, of the Policy and Procedures Manual for the West Memphis Police Department should be revised in accordance with the recommendation of the Police Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1. The recommendation of the Police Commission is hereby approved and Chapter 7, Section 1, of the Policy and Procedures Manual of the West Memphis Police Department is hereby amended in accordance with the attached Chapter 7, Section 1, Use of Force. SECTION 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of any such conflict. ADOPTED this .S day of Il~~veM~ ~ , 2009. ~~ ~~~~~ WILLIAM H. JOHNSON, MAYOR ATTEST: RECEIVED PHILL ,CITY CLERK City' Clel'IC'S Office Date/Time ~ o o a , - : 3Q ~- WEST MEMPHIS POLICE DEPARTMENT POLICY AND PROCEDURES xeading Use of Force Chapter Seven Effective Da#e 11/15/07 Section One Issued Date 11/29/07 Number of pages FOUr Revision Approval West Memphis City Council Approved Da#e 11/15/07 PURPOSE The purpose of this order is to establish procedures controlling suspects by the use of force during an arrest. USE OF FORCE CONTINUUM The Use of Force Continuum is considered a step process in a series of control techniques that officers have at their disposal to bring a suspect under control. The Use of Force Continuum shall not restrict an officer's ability and means to bring a suspect under control, to protect themselves or a third party as it relates to their perception of the immediate situation. However, a certain and specific level of control or technique should be used with the minimum amount of force necessary. The escalation to a certain "step" in the continuum will be measured by the officer's perception as to what is happening at that moment in a use of force situation. (ie: escalating from the step of "Physical Presence" straight to "Deadly Force" when a deadly threat is present.) Less lethal options, as outlined in the West Memphis Police Department "Less Lethal Options" policy (Chapter 7- Section 3), will fall into the 4th step (Hands Free Control), 5th step (Hands-on Techniques), and 6th step (Impact Weapons) depending on which option is utilized. There is no requirement or constitutional duty that police officers use all feasible alternatives to avoid a situation or to use non-deadly or less lethal alternatives first where deadly force can be justifiably used. (Plakas v. Drinski, U.S. Supreme Court) WEST MEMPHIS POLICE DEPARTMENT POLICY AND PROCEDURES Use Of Force Continuum Deadly Force Impact Weapons Hands On Control Hands Free Control Verbal Command Verbal Warning Physical Presence 1: Physical Presence: The mere presence of an officer at a scene that will bring a situation under control or deter a situation altogether. 2: Verbal Warning: A spoken or issued warning of actions, by the officer, that will be undertaken, against a suspect, in the event ofnon-compliance. (ie: "Step back or you will be arrested.") 3: Verbal Command: An order given to a suspect to comply with commands of an officer. Verbal Commands maybe given after warnings or immediately upon arriving at a scene or situation. (ie: "You're under arrest, place your hands behind your back.") 4: Hands Free Control: Control devices/ techniques that, when used on a suspect, should incapacitate the suspect for a period of time. Hands free control techniques are intended solely as control measures that should normally be used after a verbal command and before hands-on in the use of force continuum when active or passive resistance is encountered. This in no way restricts the immediate escalation from a lower step in the continuum to the "Hands Free Control" or higher step if justified and warranted for safety. The use of hands free control techniques maybe used in controlling prisoners already in custody from assaults or injuries against officers or third parties or from an attempt at escaping from custody. A. The carrying of chemical weapons will be mandatory for all Police Officers assigned to the Patrol Division and in uniform. Officers will be trained and certified by Department chemical weapons instructors and issued department approved OC spray. Other chemical weapons such as tear gas, CN, CS, or OC grenades, projectiles, or sprays are restricted to only Special Response Team personnel certified in their use. WEST MEMPHIS POLICE DEPARTMENT POLICY AND PROCEDURES B. By the timely and appropriate use of hands free control, injuries to both officers and suspects are greatly reduced and escalated use of force can be avoided. (ie: When a suspect is told he/she is under arrest and complies with further verbal direction, there is no need to escalate the use of hands free control.) However, if by word or action the suspect shows no intention of compliance, the use of hands free control is the next logical and expected step. This should, in most cases, eliminate the need for actual hands-on active countermeasures and the possibility of officer/suspect injury. D. After being exposed, the suspect should be incapacitated for a minimum amount of time. All suspects exposed with a chemical weapon will be decontaminated at the Detention Facility by the recommended method of decontamination. Facility personnel shall be notified that a suspect has been exposed to a chemical weapon. E. The use of Hands Free Control is intended solely as a control measure to enable the officer to carry out his/her duties in the safest, most efficient and professional manner with the least chance of injury or harm to either the officer or suspect. Hands free control measures are NOT under ANY circumstances, to be used as "punishment" or as a coercive tool once an individual is under control and/or in custody. ANY MISUSE OF HANDS FREE CONTROL WILL NOT BE TOLERATED AND CORRECTIVE ACTION WILL BE TAKEN IN ALL CASES OF SUBSTANTIATED MISUSE. 5: Hands-On Control: Direct contact techniques used by officers to bring a suspect under control by utilizing various holds, pain compliance, kicks/hand strikes, or physical restraints. (I.e.: lateral vascular restraints, arm bar takedowns, body blocks, etc) This should normally be used prior to Impact Weapons and after Hands Free Control. This in no way restricts the immediate escalation from a lower step in the continuum to the "Hands- On Techniques" or higher step if justified and warranted for safety. 6: Impact Weapons: Any device or weapon system that is used in direct contact with the suspect with blunt force to bring the suspect under control. Impact weapons should not normally include head strikes unless deadly force is authorized and/or needed. Impact weapons should normally be used after hands-on and before deadly force. This in no way restricts the immediate escalation from a lower step in the continuum to the "Impact Weapons" or higher step if justified and warranted for safety. A. Any suspect who has been struck with any impact weapon will be evaluated to determine if injuries are present. If injuries are present, the suspect will be evaluated by medical personnel and treated and/ or transported to a medical facility if necessary. WEST MEMPHIS POLICE DEPARTMENT POLICY AND PROCEDURES B. Officers who carry expandable, straight, or side handle batons must be certified on the baton they wish to carry. The Chief of Police must approve all baton systems before being carried. C. The carrying of the Taser will be authorized for Police Officers trained and certified by Taser instructors. D. If the Taser was used against a suspect in a vital area (Identified by Taser International: Eyes, Neck, Face, Groin, Female Breasts or Upper Chest Area) medical personnel should be utilized in removing the probes from the suspect if they have penetrated the skin surface. If, at the time of deployment, the officer determines that the suspect should be quickly removed from the scene, he/she may either take the suspect away and have the probes removed by medical personnel or remove them himself. All Taser probes retrieved from suspects will be taken and entered into evidence along with the spent cartridge. If the probes have penetrated the skin surface of a suspect (not a clothing contact), the evidence will be marked as a "bio-hazard" and treated as such. 7: Deady: Physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury (5-2-601 (5)). This is the last resort and only used when an officer perceives the threat of death or serious bodily injury is present and imminent against himself or third party. This in no way restricts the immediate escalation from a lower step in the continuum to the "Deadly Force" step if justified and warranted for safety. All officers will adhere to the West Memphis Police Department "Deadly Force" policy. REPORTING A. A supervisor shall be immediately notified in all cases regarding the use of force beyond the step of "Verbal Commands". If at all possible, a supervisor should make the scene. The supervisor will review all cases regarding the use of force. The using officer will be required to fill out a Use of Force Report and turn it in to his/her supervisor. The supervisor will review the matter and note his findings on the Use of Force Report. The original Use of Force Report will be forwarded to the Records Division to be forwarded to the Chief of Police and the Training Division for review. If it appears the action was not appropriate, the supervisor shall submit concerns in writing to the Chief of Police for investigation. B. Officers must indicate what type of force and how much force was used and articulate specifically the amount of resistance encountered by the suspect. The officer must also indicate if a certain step in the continuum was bypassed and for what purpose. Officers should indicate, in the Use of Force report, where on the suspect a strike, hit, shove, kick, Taser probe hit, etc. was administered. C. When an officer is the victim of an attack, which results in personal injury, or damage to police equipment, the Commanding Officer should ensure that photographs of the injured officers and/or the equipment are taken. This includes the officers damaged or torn clothing, equipment, eye glasses, etc. SPONSORED BY: ~%~ ~~._