1-9 Police Weapons

Policy Type: Local

Responsible Office: Chief of Police, Virginia Commonwealth University Police Department

Initial Policy Approved: 7/15/2013

Current Revision Approved: 1/10/2019

General

The purpose of this directive is to establish the policy and procedures for the issuance, care and maintenance of department issued less than lethal weapons. It is VCU Police Department’s policy to ensure that sworn members use only department-issued/authorized weapons. The VCU Police Department provides its members with less than lethal intermediate force weapons, including: the ASP baton, O.C. fogger system, O.C. foam and the padded shield. These less than lethal weapons may be used to effect an arrest and/or control a situation in which a threat of bodily harm exists and where the use of the sidearm is not practical. VCUPD officers must receive training and demonstrate proficiency in the use of all issued/authorized weapons before carrying them.

All authorized personnel will be issued and instructed on this directive prior to carrying any police weapons. Ultimately, officers must understand that improper use of less than lethal weapons may result in death and constitute grounds for civil and/or disciplinary penalties.

Accountability Statement

All employees are expected to fully comply with the guidelines and timelines set forth in this written directive. Failure to comply will result in appropriate corrective action. Responsibility rests with the division commander to ensure that any policy violations are investigated and appropriate training, counseling and/or disciplinary action is initiated.

Less Than Lethal Weapon Types

The following less than lethal weapons are authorized for officers certified in their use:

20” ASP expandable baton
O.C. fogger
O.C. foam
O.C. foamPadded shield (Turtle Shield)

ASP Expandable Baton

The ASP baton shall be issued to all officers who qualify on a department-approved training course conducted by a qualified weapons instructor and will be carried while on duty. Once the officer has received initial training, they will be required to receive refresher training and re-qualify during in-service training. Only the department-issued ASP batons may be used in any law enforcement action.
Officers may have to rely on the ASP baton to subdue a violently resisting subject; however, officers must remain cognizant that any blows delivered to the head would be considered deadly force and will be governed by Written Directive 1-7 Use of Force. Blows delivered to other vulnerable areas are often more effective.
The ASP baton is primarily a defensive weapon for the application of non-deadly force. As such, a breach of the peace must exist or a threat of bodily injury to the officer or others must be present prior to its use.
Authorized use of the ASP baton: Officers shall limit the use of the ASP baton to the specified bodily strike zones, limited to fleshy or bony areas of the body (i.e., knees, elbows, hands, feet and stomach below the sternum and above the groin).
Unauthorized use of the ASP baton:
1. Head
2. Spine
3. Neck
4. Heart
5. Sternum
6. Groin
7. If an officer strikes an individual in the areas listed above, justification for the use of deadly force must exist. Officers must remain aware that injury may result in death should any of these enumerated areas be purposely struck with the ASP baton.
8. The ASP baton shall not be used to threaten people or illicit information.
9. The ASP baton shall not be used on people who are handcuffed, secured and in proper custody, unless they continue to pose a threat to the involved officer or someone near the officer.
While on duty, all uniformed officers must carry the ASP baton, but it is optional for administrators and detectives.
A VCUPD-6 Use of Force Report shall be completed whenever an officer uses physical force with their ASP baton. A supervisor shall submit photographs of any alleged injuries taken at the scene, along with the completed forms. The required photographs must include any subject who is arrested following the use of the ASP baton. Supervisors must also photograph the involved officers, including the top and bottom of their hands, full frontal body, and head to toe injuries.
Affected supervisors shall review the forms for accuracy and completeness, properly distribute all VCUPD-6 forms, and determine whether the ASP baton was utilized in accordance with established department guidelines. If after further investigation, it is determined that the utilization of the ASP baton was not in compliance with department guidelines, they shall recommend corrective and/or disciplinary action(s) up the chain-of-command.

O.C. Fogger

Prior to the start of the officer’s tour-of-duty, any officer with current certification may be issued an O.C. fogger at the discretion of their supervisor. Officers who are unable to complete the initial training course will not be allowed to carry the O.C. fogger.
It is the responsibility of the Property Manager to authorize the distribution of O.C. foggers to specifically-approved personnel based on the needs and circumstances as determined by the patrol supervisor. Supervisors are responsible for notifying the Property Manager when an expended/expired fogger canister needs to be replaced.
Supervisors are responsible for maintaining properly charged O.C. foggers. On average, an officer will get fourteen (14) one-second bursts from an O.C. fogger. The shelf life for an O.C. fogger is four (4) years.
Departmental inventory of the O.C. foggers will be maintained by the Property and Evidence Unit. Patrol supervisors shall be responsible for maintaining a properly charged O.C. fogger in the trunk of their vehicle.
Use of O.C. Fogger:
1. The O.C. fogger may be deployed when there is an imminent threat of injury to the officer or to a citizen. The O.C. fogger is used for large, disorderly crowds to disperse individuals when non-deadly force is needed, but the potential for injury is present for the responding officers or citizens. After deploying an O.C. fogger, involved officers must maintain a safe distance.
2. Prior to spraying a large disorderly crowd with the O.C. fogger, the officer shall give ample warning when possible, that they are about to deploy an O.C. fogger in order to minimize the possibility of exposure to an innocent bystander. Considerations for the warning shall include the use of amplification equipment, if available.
3. Prior to the discharge of the O.C. fogger for a large and disorderly crowd, the officer shall advise Dispatch of a fogger discharge alert so that responding units are aware of the situation, unless circumstances prevent the officer from making such notification. Dispatch shall notify a supervisor if one is not at the scene, and notify Richmond Ambulance Authority (RAA) to respond in a staging capacity. Should circumstances exist that prevent the officer from notifying Dispatch of the “Fogger Alert,” they should advise Dispatch as soon as possible to notify a supervisor and RAA.
4. The deploying officer(s) must take into consideration all safety factors before deploying the fogger. These include, but are not limited to all of the following factors:
  1. Citizens and police officers in the area
  2. Escape and evacuation routes and/or wind direction
  3. Travel routes of responding officers
  4. Crowd mentality and/or age of crowd
  5. Imminent threat of injury to officer or other citizens
5. If used, the O.C. fogger should not be directed at a person’s face but rather directed at the lower portion of the body (knees or waistline) or over the head of the crowd, unless extreme circumstances exist. When aiming at the lower portion of the body, the fogger should not be used at distances of less than three (3) feet. However, in an extreme situation, officers may use their discretion in deploying the O.C. fogger at less than the recommended distance. The maximum effective distance of the fogger is 10-12 feet.
6. Use of the O.C. fogger indoors is prohibited.
7. A VCUPD-6 Use of Force Report shall be completed whenever an O.C. fogger is deployed. A supervisor shall submit photographs of any alleged injuries taken at the scene along with the report. The required photographs include those of any subject who is arrested following the use of the O.C. fogger or any citizen who reports ill effects resulting from contact with the O.C. fogger. Supervisors shall also photograph the involved officers including the top and bottom of their hands, full frontal body, and head to toe injuries. A photograph of the location where the O.C. fogger was discharged shall also be attached to the report.
8. A cover letter documenting the circumstances surrounding the O.C. fogger deployment shall be completed by the officer and attached to the Use of Force Report.
9. Lieutenants shall respond whenever a sergeant deploys the fogger and shall review submitted paperwork for accuracy and timeliness.
10. Affected supervisors shall review and properly distribute all reports for accuracy, completeness and to determine if the use of the O.C. fogger was utilized in accordance with established departmental guidelines. If, after further investigation, it is determined that the utilization of the O.C. fogger was not in compliance within departmental guidelines, they shall recommend corrective and/or disciplinary action(s) up the chain-of-command.
Effectiveness Review:
1. Annually, the on-duty supervisor will review all VCUPD-6 reports to determine the effectiveness of the O.C. fogger and submit any necessary recommendations through the chain-of-command.

O.C. Foam

The O.C. foam will be issued to all officers who complete a department-approved training course conducted by a qualified weapons instructor and is to be carried while the officer is on duty.
Officers who are unable to complete the initial training course will not be allowed to carry the O.C. foam.
The use of O.C. foam is encouraged for use in situations in which a breach of peace exists and other means of force are inappropriate or unreasonable. Only the department-issued foam may be used in any enforcement action.
Officers are only authorized to use the department-issued O.C. foam, on duty or off duty, when acting in a law enforcement capacity.
All officers shall be responsible for maintaining a properly charged O.C. foam. The officer shall follow established procedures for replacing any expended/expired foam.
Officers will have their O.C. foam canister inspected for serviceability during shift line inspections. Any individual canister that is found to be defective will be replaced on that day, before the officer returns to regular duty. This does not relieve the individual officer from being responsible for checking their own equipment on a regular basis. Officers are responsible for notifying the Property Manager when an expended/expired O.C. foam canister needs to be replaced.
Uniformed officers shall carry the O.C. foam individual canister on their duty belts in the issued carrying case. This is optional for administrators and detectives.
Authorized Use of O.C. Foam Individual Canister:
1. The O.C. foam individual canister may be employed when a breach of peace exists and when de-escalation tactics or physical contact becomes insufficient to control or stop an aggressive act or act of resistance.
  1. The use of O.C. foam is authorized for use in VCUHS only in rare circumstances in which there is an imminent threat of violence. Unlike other O.C. products, O.C. foam does not emit as many particulates in the air when sprayed, which makes O.C. foam more conducive for use in the VCUHS; however, over contamination of the environment is always a risk. When possible, officers shall notify medical staff of their intent to deploy O.C. foam. O.C. foam is only to be used in instances in which a patient is exhibiting violent or aggressive behavior towards officers and/or staff, and only after verbal de-escalation efforts have failed. For the purposes of this policy, O.C. foam has a higher threshold for use in VCUHS than in other areas and should only be used when there is an imminent threat of violence.
2. When deploying the O.C. foam individual canister, officers shall use short bursts (1/2 – 1 second) for only that duration which causes the aggressive/resistive behavior to cease (2-3 times). Once the subject is sprayed 2-3 times and it is determined that the subject is contaminated or O.C. is ineffective, the officer must take other measures to subdue the subject.
3. The O.C. foam individual canister should not be used at distances of less than three (3) feet, as it may cause injury to the suspect’s eyes or adversely affect the officer. However, in extreme situations, officers may use their discretion in deploying the foam at less than the recommended minimum distance.
  1. NOTE: O.C. foam shall not be used to threaten people or illicit information. Officers should test the function of the O.C. foam individual canister in an area clear of all persons. O.C. foam will not be tested in a crowd or in the immediate vicinity of any person, other than the testing officer. Additionally, it will not be used on people who are handcuffed, secured and in proper custody.
4. Medical Treatment for Sprayed Individuals:
  1. As soon as practical after being sprayed, the individual shall be seated in an upright position and monitored for medical problems, should they occur. The arresting officer shall contact Dispatch to request that RAA respond to the scene to flush the subject’s eyes and face. RAA will be called in all instances in which a subject has been directly sprayed. If, at any point, RAA feels the subject exhibits a reaction not consistent with the expected response to O.C. foam, the subject will be transported to the ER.
  2. In order to avoid positional asphyxia, officers shall not keep a sprayed subject in a face-down position any longer than necessary to end the threat of harm or escape and handcuff the subject as quickly as possible.
5. A VCUPD-6 Use of Force Report shall be completed whenever the O.C. foam individual canister is deployed, and a VCUPD-6A O.C. foam – Medical Services Rendered Report shall be completed whenever an officer directly sprays a suspect. A supervisor must submit the following photographs with the completed forms:
  1. Any subject who is arrested following the use of O.C. foam or any citizen who reports ill effects resulting from contact with the O.C. foam
  2. Photos of any alleged injuries taken at the scene
  3. Photos of the top and bottom of the involved officers’ hands and full frontal body
6. Affected supervisors shall review the forms for accuracy and completeness and properly distribute all VCUPD-6 forms, and determine whether use of the O.C. foam was in accordance with established department guidelines. If after further investigation, it is determined that the utilization of the O.C. foam was not in compliance with department guidelines, the supervisor shall forward any recommendations for necessary corrective and/or disciplinary action(s) up the chain-of-command.

Padded Shield (Turtle Shield)

Prior to padded shield use, all officers must complete a training block of classroom and practical exercises.
The padded shield is intended for use in situations in which a patient poses an immediate danger to themselves or others and is only to be used after all attempts at verbal de-escalation have failed.
The padded shields are only to be utilized in detaining/controlling, violent or combative patients. The shield is to be used with a team of 2 - 5 officers, with each officer having a specific assignment, in order to reduce injury to patients, staff and/or officers.
Prior to entering the patient’s room, a plan should be formed with a team comprised of police officers, hospital security and VCUHS staff. The padded shield must be employed in a controlled manner, utilizing the minimum amount of force necessary to regain control of the situation.
The shield is only to be used as a capture tool to safeguard officers and the patient. It is not to be used as a striking weapon.
The padded shields will be positioned in locations on the VCUHS campus that have been determined to have a high number of violent/combative patients who are dealing with psychiatric issues. Those locations include: VCUHS Emergency Department, North Hospital - 3rd and 4th floors, and the Virginia Treatment Center for Children (VTCC).
Authorized Use:
1. Prior to deployment, the officer should advise the on-duty supervisor via radio of the officer’s intent to utilize a padded shield. A supervisor does not need to be present during padded shield use; however, it is recommended that a supervisor be present, when possible.
All officers responding to the call shall activate their Body Worn Camera (BWC) to document the patient’s behavior, along with attempts to first use verbal de-escalation. If the responding officers decide to use a padded shield, then the officers’ BWC equipment should remain activated until the incident has concluded.
The patient shall be detained with the minimal amount of force necessary, and medicated by staff once the patient is under control, if applicable.
Any injuries that a patient incurred shall be immediately tended to and appropriately documented.
Storage:
1. The padded shields should be wiped down after use with Sani-Cloth sterilization wipes, as provided by staff.
2. The padded shield should be inspected after each use to ensure its structural integrity.
3. If any part of the padded shield is broken or loose, it should be reported to the on-duty supervisor.
If there are no apparent or reported injuries sustained following the use of a padded shield, the involved officer(s) shall complete the VCUPD-87 Padded Shield Deployment Form and include all relevant facts and circumstances that prompted the use of the padded shield. A supervisor must obtain and submit photographs of the involved officer(s) and the involved patient. If VCUPD and VCUHS Security are both present and involved, the reporting responsibility is that of VCUPD, not VCUHS Security.
If there are apparent and/or reported injuries after use of physical force with the padded shield, the involved officer(s) shall complete a VCUPD-87 Padded Shield Deployment Form and a VCUPD-6 Use of Force Report to document the incident. A supervisor must obtain submit photographs of any alleged injuries taken at the scene, photos of the top and bottom of the involved officers’ hands and full frontal body, along with the completed forms.
Affected supervisors shall review the forms for accuracy and completeness and properly distribute all VCUPD-87 and VCUPD-6 forms (if applicable), and determine whether use of the padded shield was in accordance with established department guidelines. If, after further investigation, it is determined that the utilization of the padded shield did not comply with department guidelines, the supervisor shall forward any recommendations for necessary corrective and/or disciplinary action(s) through the chain-of-command.

Revision History

This policy supersedes the following archived policies:

7/15/2013 - 1-9 Police Weapons