SEPTA Transit Police Department Service, Integrity, True Professionalism Procedure Directives 404 RESPONSE TO RESISTANCE 4/18/2014 Total Pages: 7 404.1 PURPOSE: 404.1.1 404.2 POLICY: 404.2.1 404.3 This directive provides guidelines for the use of lethal and non-lethal force, which may be used by police. It is the policy of the SEPTA Transit Police Department that reasonable force is only that force necessary to effect law enforcement objectives. Officers shall use only reasonable and necessary force to control situations, effect arrests or defend themselves or others from bodily harm, and shall comply with all applicable State and Federal laws. PROCEDURES: 404.3.1 USE OF FORCE IN GENERAL: The response to resistance should be in direct relationship to the amount of resistance encountered or the threat to the officer or another. The response to resistance will be progressive in nature and may be in the form of verbal, physical, non-lethal or lethal force. No officer will use unreasonable or excessive force towards any person. (a) 404.3.2 Neck restraints and similar control techniques, which have the potential for causing serious injury, are prohibited. FORCE CONTINUUM: The application of force by a police officer shall be consistent with the principles of the SEPTA Transit Police Department force continuum. (a) OFFICER PRESENCE The mere presence of the officer controls a situation and elicits cooperation from those present. 1 (b) VERBAL DIRECTION The officer brings about compliance through verbal orders and direction to one who is passively resisting. (c) OC SPRAY OR TASER Oleoresin Capsicum spray or a Taser may be used to overcome aggressive resistance by an individual who violently struggles to avoid arrest and control by the officer, prevent escape or protect against bodily injury. (d) EMPTY HAND CONTROL Control holds, locks, grips, and pressure point controls are used to protect the officer against physical assault. (e) BATON The baton may be utilized to defend against and overcome aggressive physical assaults with or without weapons. (f) LETHAL FORCE Officers may use force designed to take a life when such force is necessary to prevent death or serious physical harm to themselves or others. 404.3.3 DEADLY FORCE: (a) A member of the SEPTA Police Department shall not use deadly force unless he or she personally believes that such force is necessary to prevent death or serious physical harm to himself / herself or others. (1) SEPTA Police Officers shall exhaust all other reasonable means of apprehension and control before resorting to the use of deadly force. (2) When it is necessary for a SEPTA Police Officer to discharge a firearm, the officer shall exercise the utmost caution so as to avoid endangering innocent persons. (3) Police officers shall not shoot from a moving vehicle. (4) Police officers shall not endanger themselves in applying these guidelines to actual situations. 2 (b) Warning Shots prohibited (1) It is the policy of the SEPTA Police Department that members shall remove their firearm from the holster only when they believe that an imminent threat of death or serious physical harm exists. (2) SEPTA Police personnel shall not fire warning shots under any circumstances. 404.3.4 LESS THAN LETHAL WEAPONS: (a) It is the policy of the SEPTA Transit Police Department that reasonable force is only that force necessary to effect law enforcement objectives. Officers shall use only reasonable and necessary force to control situations; effect arrests or defend themselves or others from bodily harm. (b) The response to resistance should be in direct relationship to the amount of resistance encountered or the threat posed to the officer or another. No officer will use unreasonable or excessive force toward any person. (c) Application of Force (1) The application of force by a police officer shall be consistent with the principles of the force continuum as outlined in this directive. (2) SEPTA Transit Police Officers are only authorized to carry department issued equipment and use department approved less than lethal force techniques for the following reasons: 404.4  To protect themselves or others from physical harm.  To restrain or subdue an individual.  To bring an unlawful situation safely and effectively under control. OC SPRAY 404.4.1 Oleoresin capsicum spray is an inflammatory agent, which an officer sprays into an aggressive person's face in order to control a hostile situation, defend against injury, or effect an arrest. O.C. spray may be used to: 3 404.4.2 404.4.3 404.5 (a) Control an aggressively disorderly or riotous subject or group of subjects. (b) Overcome resistance to arrest. (c) Protect the officer or another person from bodily injury (d) Prevent an individual from injury to himself/herself (e) Prevent escape (f) Prevent suicide O.C. spray shall not be used : (a) To disperse non-violent persons (b) Where there is no threat of resistance or escape Once an individual is under control, there is no further justification for the continued use of OC spray. At this point the officer should: (a) Secure the subject in handcuffs (b) Calm the individual, reassuring him or her that the effects are temporary. (c) Expose the subject to fresh air and flush the contaminated areas with water, if available. Have the subject remove contact lenses, if applicable. (d) Transport the subject to the nearest hospital and take the spray canister along. (e) Monitor the subject during transport (f) All instances of OC spray use shall be documented on the SEPTA Transit Police Department’s Use of Force form. TASER 404.5.1 Personnel who have successfully completed the required departmental Taser training may use the department approved Taser for protection from assault and/or take a person into custody. 404.5.2 An issued Taser may be used when active aggressive resistance is encountered by an officer in accordance with the use of force continuum described in this directive. 4 404.5.3 The Taser should be used before “Hands-on” techniques or the use of impact weapons when possible. (Similar to OC Spray) 404.5.4 The Taser shall not be intentionally aimed at a person’s head, neck or groin. 404.5.5 No changes, alterations, modifications or substitutions shall be made to the Taser. Only an authorized vendor shall perform any repairs to the Taser or accessories. 404.5.6 After a member uses a Taser for any reason, the member shall; (a) Handcuff the subject to minimize the threat of injury to either the subject or officer. (b) Remove the Taser prongs at the earliest opportunity. The Taser prongs shall only be removed by a member who has completed department approved training for the Taser. (c) Taser prongs that strike the face, groin or female breasts shall only be removed by the fire department or hospital personnel. (d) Taser prongs that strike a subject’s body shall be considered a biological hazard and shall be handled with protective latex/rubber gloves and disposed of at an authorized medical facility. (e) Visually examine the area contacted by the Taser to determine if an injury was sustained. (f) All injuries will be treated at an appropriate medical facility. (g) If the subject refuses hospital treatment, this shall be noted on the incident report (75-48) (h) All instances of Taser use shall be documented on a SEPTA Police Department Use of Force form. (i) If possible, all injuries will be photographed and included with the Use of Force form. 404.5.7 Any discharge of a Taser, other than a function test, either intentionally or accidental, shall be reported immediately to the officer’s supervisor. 404.5.8 When a member, either intentionally or accidentally, uses a Taser, including when the subject is not struck, he/she shall prepare a SEPTA Police Department Use of Force form. The officer’s immediate supervisor shall investigate each incident, and prepare a detailed report to the Chief of Police outlining the circumstances of the Taser 5 deployment, as well as all arrest information. submitted to the appropriate Captain. 404.5.9 404.6 All forms shall be The Taser records the time and date of any Taser deployment. For any deployment of the Taser, the officer shall report to the Captain of Special Operations as soon as possible so that the Taser data can be downloaded into the computer database. POLICE BATON 404.6.1 The baton is a tool that may be utilized to defend against and overcome aggressive physical assaults with or without weapons being used by a subject. 404.6.2 The baton may be used to: (a) Block or deflect an attack (b) Counter-strike (c) Control and overcome physical resistance to arrest. (d) Prevent an individual from injuring himself/herself or committing suicide. 404.6.3 The following guidelines regarding striking area of the subject’s body will be adhered to: (a) Preferred: the thigh and calf muscles in the legs and the forearm and bicep muscles in the arms. (b) Intermediate: If striking the preferred areas is unsafe, ineffective or not possible the officer should attempt to strike intermediate areas, which would include elbows, knees and ankles. Striking these secondary zones may cause pain or injury, but it is not intended to cause permanent damage. (c) Prohibited: Intentionally striking areas which could potentially cause death or serious physical harm, including the head, face throat, sternum, abdomen, groin or collarbone is prohibited unless the use of deadly force is justified. Thomas J. Nestel, III Chief of Police 6 SEPTA TRANSIT POLICE DEPARTMENT RESPONSE RO RESISTANCE CONTINUUM LIFE ENDANGERING DEADLY FORCE AGGRESSIVE PHYSICAL ASSAULT WITH OR WITHOUT WEAPON BATON BODILY ATTACK EMPTY HAND CONTROL AGGRESSIVE RESISTANCE O.C. SPRAY / TASER PASSIVE RESISTANCE VERBAL DIRECTION COOPERATION OFFICER PRESENCE OFFICER’S REACTIONS SUSPECT’S ACTIONS 7