DIRECTIVE 22 (12-11-2000) PHILADELPHIA POLICE DEPARTMENT SUBJECT: USE OF FORCE PURPOSE A. This directive outlines the proper use of force, particularly in situations involving the use of the baton, Oleoresin Capsicum (OC) Pepper Spray, Taser guns, and other force which may be used by police as well as the required reporting of incidents in which of?cers are called upon to use less than deadly force. The use of deadly force is fully covered in Directive 10. POLICY A. The primary duty of all police of?cers is to preserve human life. Only the minimal amount of force necessary to protect life or to effect an arrest should be used by an of?cer. Excessive force will not be tolerated. Of?cers should exercise all safe and reasonable means of control and containment, using only the amount of force necessary to overcome resistance. The application of force by a police of?cer should be guided by principles found in the ?Force Continuum? which are: Mere presence of police of?cer(s) Verbal persuasion/warnings Hands-on techniques/control holds Non-lethal force Deadly force Additionally, personnel will not unnecessarily or unreasonably endanger themselves and others in applying these guidelines to actual situations. Though many of?cers may be at the scene of a police incident where force is being used, some of?cers may not be directly involved in taking police action. As of?cers, we have an obligation to protect the public and other of?cers. Therefore, it shall be the duty of every of?cer present at any scene where force is being applied to either stop or attempt to stop another of?cer when force is no longer required. Your actions will both protect the of?cer from civil or criminal liability and the civilian from serious injury. DIRECTIVE 22 - 1 *1 As outlined in Section VH, Use of Force Noti?cation Procedure, must be informed when: l. U.) A person is treated at a hospital (whether or not admitted) or dies while in police custody as the result of actions taken by police. Any time a person in police custody is treated at a hospital prisoner complaining of chest pains or a prisoner assaulted by another prisoner). Any incident involving the use of force where an injury or a complaint of an injury results. Whenever a baton has been used to strike a subject; OC Spray has been used by police, or the Taser has been used. Whenever the trigger on the Taser is pulled, it is recorded in the weapon and must be reported to IAB. Accidental discharges will be reported to using computer code Send/IAlA/90l. The Use of Force Report will not be necessary. NOTE: E. The Department?s Use of Force form described within will not be used when of?cers discharge their ?rearm. It will be completed, however, when the baton has been used to strike an individual, OC Spray was used on an individual, another object was used to strike police vehicle), a canine dog has bitten or been used to physically apprehend an individual, or a Taser has been used. F. Guidelines set forth in this directive will also pertain to Police Correctional Of?cers at the Police Detention Unit when appropriate. UTILIZING FORCE (GENERAL) A. When responding to any incident which may require the use of force, of?cers: WILL: 1. Evaluate the situation. 2. Immediately establish control of your ?rearm. 3. When feasible and safe, provide some warning to the individual. 4. Illuminate the subject, when possible. 5. If force is necessary, coordinate appropriate tactics with a suf?cient number of personnel to safely overcome any resistance. 6. Use the minimum force necessary. 7. Handcuff the individual behind the back, palms out, and ensure handcuffs are double-locked and do so at the earliest possible time to reduce potential resistance. DIRECTIVE 22 - 2 ll. 12. Notify a supervisor immediately. Ensure that the individual is checked for injuries. Take an injured individual or one complaining of an injury to the nearest hospital or appropriate trauma center immediately. (Prepare a Complaint or Incident Report (75-48) for the hospital case and have the individual sign the 75-48 if treatment is refused. Also, note if the individual refuses to sign.) In all cases where the TASER or DC Pepper Spray is used, the individual will be taken to the hospital. Prepare all necessary paperwork as required by department policy. Ensure that the investigator assigned is made aware that force had to be used to control or take the individual into custody. A description of the actions of the individual which caused the use of force as well as the of?cer?s actions should be included by the assigned investigator within the Investigation Report (75-49). Should injuries occur, they should also be described within the Investigation Report to include treatment received. NOTE: B. When responding to any incident which may require the use of force, of?cers: WILL NOT: 1. 2. Whenever possible, sit, kneel, or stand on a subject?s back or chest. Transport an individual in a face down position, especially when handcuffed. This will serve to prevent positional that occurs when the position of the subject?s body interferes with his/her ability to breathe. If an individual is having trouble breathing or is demonstrating life-threatening medical assistance will be sought immediately. IV. USE 0F 0. C. PEPPER SPRAY A. Oleoresin Capsicum Spray is an in?ammatory agent that causes an intense burning sensation of the skin and mucous membranes. It has a near immediate effect on an individual sprayed, though the effects subside after about 30 minutes. If sprayed in the face the individual?s eyes will close, tear, and swell as a result. The subject may become disoriented and lose their balance. When inhaled the respiratory tract will become in?amed and temporarily restrict breathing to short, shallow breaths. The subject may experience choking, gagging, or gasping for breath. A burning sensation of the skin may also occur. The use of OC Spray is for defense or to assist in effecting an arrest. It may be used to: DIRECTIVE 22 - 3 control an aggressively resisting subject such as an involuntary commitment or riotous persons. prevent an escape from arrest. overcome resistance to an arrest. protect an of?cer or another person from bodily injury. prevent an individual from injuring themselves. prevent a suicideused: for the dispersal of non-violent persons. for disorderly crowds. in situations where people are exercising their Constitutional rights of free speech or assembly. at random. as a threat to gain compliance or information. . Once an individual has been placed under control there is no further justi?cation for the continued use of the OC Spray. . When carrying or utilizing OC Spray, of?cers: WILL: I. 2. 3. 90:45:01 10. 11. 13. Carry only the Departmentally-approved OC Spray. Ensure care is taken to protect infants, children, and the elderly from the Spray. Deliver the spray directly into the face (eyes, nose, mouth) and where practical, in two, one-half second bursts. Be aware of cross-contamination, wind direction, and the presence of fellow of?cers before utilizing spray. Remember that the effective range of the spray is 10-12 feet. Safely secure the individual in handcuffs once under control. Calm the individual and reassure them that the effects are temporary. ExpOSe the subject to fresh air and, if water is available, ?ush the contaminated areas. (To decontaminate a premises indoors ventilate by opening windows and doors). Transport the subject to the nearest hOSpital and take the spray canister along. Continue to monitor the subject during transportation for respiratory distress. If the subject is or becomes unconscious transport as an emergency hospital case. Have subject wash any contaminated areas of the skin with soap and water once arriving at the hospital. When applicable, have subject remove contact lenses and wash same. Serious damage can occur if contacts are not removed within 4 - 6 hours of exposure. NOTE: DIRECTIVE 22 - 4 14. Prepare a 75-48 for the hospital case and have the individual sign the 75-48 if treatment is refused. Also note if the individual refuses to sign. 15. Prepare 3 Use of Force Report 16. Prepare other necessary paperwork relating to the incident, where necessary 7548, 75-49). 17. Treat OC Spray as a weapon and store in a secure place when not on duty. . When carrying or utilizing OC Spray, of?cers: Spray directly into the eyes at a distance of less than three feet, when possible. Spray into the wind or in a con?ned area. Keep spray projectors in vehicles. Store where temperatures exceed 120 degrees Fahrenheit. swwe . Miscellaneous OC Spray information: 1. All OC Spray will be issued by the Firearms Training Unit (F.T.U.). 2. Of?cers should check the expiration date on each canister. If expired, or there is a leak, damage, or the canister is empty report to the Firearms Training Unit (F.T.U.) for a replacement. A memorandum will be prepared and distributed as outlined in Section 4 below. 3. Lost or stolen spray canisters shall be immediately reported on memorandum in triplicate to the pertinent district/unit Commanding Of?cer fully explaining the circumstances. A 75-48 and 75-49 will be submitted to the pertinent detective division. 4. The memorandum will be distributed as follows: a. Commanding Of?cer, Firearms Training Unit b. District/Unit ?le c. Finance Unit 5. When the Commanding Of?cer determines negligence has occurred, the of?cer will be subject to disciplinary action and/or required to pay for its replacement. 6. Commanding Of?cers will review and approve the memorandum and permit the of?cer to obtain a replacement. 7. Upon one?s retirement, OC Spray canisters will be turned in to the of?cer?s Commanding Of?cer and sent to the F.T.U. DIRECTIVE 22 - 5 V. *1 USE OF THE TASER A. The Taser weapon produces a powerful electrical charge which immediately but temporarily disables the intended target. The Taser has an automatic discharge time of ?ve (5) seconds. The overall amount of time a person is affected by the current after the ?ve-second discharge time varies from person to person. . The use of the Taser weapon is limited to Lieutenants and Sergeants in the Patrol and Special Patrol Bureaus who have been trained in its proper use. Personnel assigned to SWAT have also been trained in their use. Two (2) serially?numbered cartridges will be issued to each lieutenant and sergeant upon completion of training. After both cartridges have been ?red, the weapon can still be used as a stun gun when placed in contact with the subject. NOTE: If circumstances dictate that a dart can?t be ?red, the weapon can be used as a touch stun device by contacting the subject prior to loading any darts into the weapon. . A suf?cient number of Taser weapons will be issued to each numbered district, SWAT, and the Airport. All available Taser weapons will be signed out at the beginning of each tour by Taser weapon trained lieutenants and sergeants for immediate deployment if necessary. If the weapon is worn on the belt in the issued holster, it will be worn on the opposite side from the ?rearm. . The battery indicator will be checked only when turning on the Taser when the weapon is signed out. A pulsing light indicates a suf?cient charge. If the light is steady or can not be seen then the batteries should be changed. Energizer Ultra are the only batteries to be used, and will be issued by the Firearms Training Unit. . If the weapon is not worn on the belt it will be kept secure in the vehicle, out of view of the public. . The subject can be touched while the Taser is live. However, the area within two (2) inches of the prongs and the area between the two prongs should not be touched while the Taser is live. This weapon can be safely used against subjects who are wet due to rain, etc., as long as the liquid is non??ammable. Every discharge of this weapon is recorded within the weapon for both date and time. This information can be down-loaded when necessary via a port in the rear of the weapon. Any attempt to download is limited to personnel from IAB, Firearms Training Unit, and the Commanding Of?cer, Police Academy. Use of this weapon against animals is not recommended. DIRECTIVE 22 - 6 *1 The use of the Taser is for defense or to assist in effecting an arrest. It may be used to: oweww control an aggressively resisting subject such as an involuntary commitment or riotous persons. prevent an escape from arrest. overcome resistance to an arrest. protect an officer or another person from bodily injury. prevent an individual from injuring themselves prevent suicide. It is not to be used: I. 2. 3. 4. 5. for the dispersal of non-Violent persons. for disorderly crowds. in situations where people are exercising their Constitutional Rights of free speech or assembly. at random. as a threat to gain compliance or information. . Once an individual has been placed under control there is no ?thher justi?cation for the continued use of the Taser weapon. . When carrying or utilizing the Taser weapon, Lieutenants and Sergeants: WILL: 1. 2. Carry only the departmentally approved Taser weapon. Remember the recommended range for use is approximately 7 to 10 feet, although the maximum range is 21 feet. When possible, do not use closer than 3 feet in distance. Aim for center mass when ?ring, in the back where possible. Also avoid the face and groin ifpossible. Be aware that although both prongs must attach to be effective, they do not have to penetrate the skin. The weapon can be expected to be effective through approximately two (2) inches of clothing. Transport the victim to the hospital. If the prongs attach to the skin of the individual, cut off the wires between the cartridge and the prongs, leaving a twelve (12)?inch lead, prior to transportation. If not incapacitated, the supervisor ?ring the weapon will accompany the victim to the hOSpital. Prepare a separate 75-48 for the hospital case. Retrieve two (2) prongs from the hospital and place them inside DIRECTIVE 22 - 7 *1 *1 9. cartridge holes and tape over and note: ?Prongs are included?. The cartridge and prongs will be placed on a property receipt and submitted to the evidence custodian. If possible, the Anti-Felon Identi?cation (AFID) tags will be recovered and also placed on the property receipt. The AFIDs are small circular pieces of paper containing the registration number of the cartridge which are expelled when the cartridge is ?red. When possible, alert fellow of?cers that you intend to ?re the Taser weapon, so that the sound of the discharge is not mistaken for the sound of a gunshot. As soon as possible, contact the .T.U. to arrange for replacement of used cartridge(s). A copy of the 75-48 for the initial incident will be required to obtain replacements. Prepare a ?Use of Force? report. . When carrying or utilizing the Taser weapon, Lieutenants and Sergeants: WILL NOT: 1. DJ 6. Use in situations involving a person armed with a ?rearm. Use in situations involving potentially ?ammable substances such as gasoline, natural gas, etc. Use against obviously pregnant women. Use in hostage situations where the hostage is in immediate proximity to the hostage taker. Use against persons standing near the t0p of stairs, roof-tops, etc., because the effect of the weapon will cause the victim to fall. Use against anyone in control of a motor vehicle. . Detectives will ensure that the area affected by the Taser weapon is photographed. Use of the Taser weapon will be noted on the 75-49. . SWAT Unit personnel trained in the use of this weapon will be guided by their established Unit policies relative to the use of this weapon. . Lost or stolen Taser guns and/or cartridges shall be immediately reported on a memorandum, in triplicate to the pertinent district/unit Commanding Of?cer, ?illy explaining the circumstances. A 75-48 and 75-49 will be submitted to the pertinent detective division. DIRECTIVE 22 - 8 *1 l. The memorandum will be distributed as follows: a. Commanding Of?cer, Firearms Training Unit b. District/unit ?le c. Finance Unit Q. When the Commanding Of?cer determines negligence has occurred, the Lieutenant or Sergeant will be subject to disciplinary action and/or required to pay for its replacement. R. Commanding Of?cers will review and approve the memorandum and submit it to the Commanding Of?cer, Firearms Training Unit for replacement. VI. USE OF THE POLICE BATON A. The use of the baton is for defense and to assist in effecting an arrest. It should not be used as an offensive weapon. It may be needed to: Neweww?d block or deflect an attack counter?strike in self-defense control an aggressively resisting subject overcome resistance to an arrest protect an of?cer or another person from bodily injury prevent an individual from injuring themselves prevent a suicide When carrying or utilizing the baton, of?cers: WILL: 1. DJ 5" Carry the departmentally-issued baton, which shall have an overall length of 22-24 inches and a diameter of one and one?quarter inches (1 It shall be made ofwood or ?berglass. Carry the baton whenever leaving the vehicle (uniformed of?cers and supervisors). Carry the baton in your belt loop on the opposite side of the gun holster. Carry the baton in a non-aggressive under arm) manner during vehicle or pedestrian steps, disturbances, crowds, or other potentially dangerous situations. Attempt to use alternate forms of control. Strike only the following locations of the body when necessary: Preferred striking areas: Muscle in the legs (thigh and calf) and arms (forearms and biceps). These areas are most vulnerable to an effective strike. DIRECTIVE 22 - 9 10. Intermediate striking areas: If striking the preferred areas is not possible, or unsafe to the of?cer, or other of?cers, the of?cer should attempt to strike the intermediate areas which include the elbows, knees, and ankles. These are secondary strike zones which may cause pain or injury, but are not intended to cause permanent damage. Immediately notify a supervisor of the use of the baton Take an injured individual or one complaining of an injury to the nearest hospital or appropriate trauma center immediately. (Prepare a 75-48 for the hospital case and have the individual sign 75-48 iftreatment is refused. Also, note ifthe individual refuses to sign.) Prepare a Use of Force Report in all cases where the baton was used to strike an individual. Prepare other necessary paperwork relating to the incident, where necessary 75?48, 75-49). C. When carrying or utilizing the baton, of?cers: WILL NOT: I. Make modi?cations of, substitutions for, or additions to the issued baton. 2 Intentionally strike the head, face, throat, chest, abdomen, groin, and collarbone U) of an individual. Use more force than is necessary to overcome the resistance. Use another object in place of the baton, unless unusual circumstances preclude the of?cer from reaching or using the baton or OC Spray. If another object is used, the involved of?cer will follow the same reporting procedures outlined in this directive and explain why the object was utilized. The use of other objects may be reasonable and necessary. Miscellaneous baton information Damaged, lost, or stolen batons shall be immediately reported on memorandum in triplicate to the pertinent district/unit Commanding Of?cer fully explaining the circumstances. When the Commanding Of?cer determines negligence has occurred, the of?cer will be subject to disciplinary action and/or required to pay for its replacement. The memorandum will be distributed as follows: a. Pertinent Chief Inspector b. Finance Unit c. Retain in district/unit ?le DIRECTIVE 22 - 10 VII. USE OF FORCE NOTIFICATION PROCEDURE A. Whenever less than lethal force is used by uniform or plainclothes sworn personnel the following noti?cation process will be implemented: 1. 2. A supervisor will be notified immediately. The supervisor will ensure that only one 75-48 will be prepared describing circumstances of the incident as well as information on the use of force required during that incident. If more than one of?cer has utilized force during that single incident only one 75-48 is required, though the names of all involved officers must be included. The supervisor will assign one of the involved of?cers the responsibility for preparing a complete Use of Force form. If more than one of?cer has used force, he/she will only complete sections of an additional Use of Force form that pertain to their involvement in the incident, the top line of the report, and the signature block. NOTE: All reports must be completed before the officer(s) completes his/her tour of duty. Both the assigned Lieutenant and the Sergeant will be responsible for reviewing and ensuring completeness and accuracy of the Use of Force form. They will also sign the form. When the use of force results in death or serious life threatening injury a supervisor will immediately notify his/her Commanding Of?cer or Command Inspections Bureau (CIB) commander. That Commander will then immediately notify Internal Affairs by phone. Police Radio will be notified on the 12-8 tour or on weekends. The Operations Room Supervisor (ORS) will also ensure that the Incident Noti?cation screen is ?lled in completely and accurately. (Access the screen using computer code: NOTE: If more than one of?cer is injured or if more that one defendant has had force used against them as a result of a single incident, separate messages must be sent via the IAB Noti?cation screen. When the use of force results in only minor injury or no injury at all, only the IAB Noti?cation screen need be completed. No phone call to Internal Affairs from a Commander is necessary. DIRECTIVE 22 - 11 8. In all cases the ORS will ensure pertinent information is entered on the district/unit Daily Complaint Summary (75-67). DISTRIBUTION OF THE USE OF FORCE FORM A. When the Use of Force form (75-623) is completed, copies will be made and distributed as follows: Original: Internal Affairs Bureau within ?ve (5) days of incident, where it will be kept for three years. First copy: District/unit Commanding Of?cer?s ?le, where it will be kept for three (3) years. Second copy: Commanding Of?cer, Firearms Training Unit (OC Pepper Spray/Taser use only) RELATED PROCEDURES: Directive 10, ?Discharge ofFirearms by Police Personnel? Directive 1, ?Barricaded Persons/Hostage Situations? Directive 136, ?Emotionally Disturbed Persons? Memorandum 98-01, ?Off-Duty Police Actions? NOTE: The following directives and memorandums have been deleted as a result of the publication of this directive: Directive 22, Use ofthe Police Baton Directive 43, Pepper Spray-Oleoresin Capsicum (0C) Spray Memorandum 93?01, Police Actions and the Use of Deadly Force Memorandum 98?03, Preparation of IAD Incident Noti?cation Screen for the Use of Force by Police and Prisoner Hospital Cases Memorandum 98-04, Use of Force Memorandum 99-07, Notification of Internal Affairs Bureau BY ORDER OF THE POLICE COMMISSIONER DATE SENT REVISION *1 2362 01-16-01 Additions *2 6808 03?29-01 Addition *3 5324 06- 1 4-05 Amendment DIRECTIVE 22 - 12 DEPARTMENT IISE 0E EIIRGE REPORT District Control Number Date of Incident Time of Incident Day of Week Origin Of Incident Radio Call El Sight El Person Other Place of Occurrence: (Exact Address if Known) Nature of AssigniContact: Type of Premises: Outside: a Lighting Day El Dusk Night Indoors: El Lighting El Good [1 Poor Weather Conditions: Clear Rain Fog [j Cloudy Snow Windy Other (Specify) Involved Police Of?cer: Last Name First Name MI A an Payroll Badge# Race ex Male Female ge Height Weight DisUUnit of Assignment Work Assignment Tour of Duty: El 8x4 El 4x12 12x8 Other Regular Shirt Shift DOff Duty Attire: El Uniform Civilian Clothes At Time of Incident: El Solo El 2 Person More than 2 persons pe of Force Used by Police (Check Appropriate Blocks) Baton OC Spray Taser El Vehicle Canine Blunt Object El Other Weapon?'ype of Force: Number of Times Force Used by Police This Incident: Baton (effect on subject): None El Mild Moderate Substantial El Incapacitated Taser (effect on subject): None Mild El Moderate Substantial Incapacitated 0C Spray (Effect 0? SUbjectii El None Mild El Moderate I: Substantial El Of?cer Contamination: Yes No Back-up Of?cer Contamination: Yes No Was OC SprayTaser Effective in Overcoming Forceffhreat: El Yes No If No. explain police action: Was OC Spray Used on a Dog? YES NO Other Animal: El Yes No Did Animal Attack or Did It Threaten to Attack? Attacked El Threatened Force or Threat of Force Against Police Officer El Active Resistance El Kicks/Punches [j Blunt Instrument Firearm Knife Other: Police Hospitalized: El Yes No Hospital Admission [Or Treated for Injury: Yes No IPhoto ot injuries Yes Cl No Name of Hospital: physician; Description of Injury/Medical Treatment: OtherT?oIice Witnesses Badge PR1: Last Name First Name DisUUnit of Assignment 00 NOT USE THIS FORM FOR THE DISCHARGE OF A FIREARM COMPLETE ADDITIONAL FORMS FOR ALL SUBJECTS AND POLICE PERSONNEL (75-623) (Please print except in signature blocks) Subject Information Last Name First MI Address: City: State: Zip Code: Ph# Race Age Sex El Male El Female Height lWeight Arrest Number Primary Charge: Ail Secondary Charge(s): 302 Subjects Behavior/Condition at Confrontation (circle one or more beiow): Calm/Passive Intoxicated Drugged Mentally Ill Hostile Other: Injury to Subject (Circle one or more below): Bum 0C contamination None Taser Shock Concussion Dislocation Lacerations Nerve Damage Dog Bite Puncture Wound Abrasion Bruise Fracture Human Bite Paralysis Unconscious Sprain! Twist Soft Tissue Damage Other: Complaint of Pain: Body Parts Injured or Effected (circle one or more below): Eyes Abdomen Back Elbow Fingers Hands Internal Neck Injuries Ankle Buttocks Face Genitals Head Knees Shoulder Yes NO Arm Chest Feet Groin Hip Legs Wrist Medical Treatment: Yes No El Refused Hospital: Physician: Admitted YES No [:iYes No Was Subject Wearing Contact Lenses (OC Cases): Were Lenses Removed: El Yes No Description of Injury/Medical Treatment: Civilian Witnesses: Last Name First Name: MI tddress: City: Zip Code: Home Phone: Work Phone: Last Name First Name: MI Address: City: Zip Code: Home Phone: Work Phone: Summary of Incident: Police Of?cer?s Signature: (Printed) Last Name: First Name MI Badge: Payroll: Supervisor's Signature: Date Reviewed: (Printed) Last Name: First Name MI Badge: Payroll: Platoon Commander's Signature: Date Reviewed: (Printed) Last Name: First Name MI Badge: Payroli: Commanding Officer?s Signature: Date Reviewed: ?rinted) Last Name: First Name MI Badge: Payroll: Internal Affairs Division Notification Date: Time: General (75?623)