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Diversionary/Distraction devices will only be distributed by and used under the authority of the SWAT Commander or designee, who will make a decision about the use of such a device on a case by case basis. Diversionary/distraction devices shall be MPD approved. The SWAT Commander or designee shall distribute and supervise the use of the devices. (08/16/07)

Only personnel trained in the use of these devices shall deploy them. Department approved training shall include the nomenclature, mechanical operation, and tactical deployment of Diversionary/Distraction devices. All members of SWAT shall also be trained by the Minneapolis Fire Department in the use of dry chemical fire extinguishers. Emphasis will be placed upon safety considerations/measures to be utilized when using these tools. (08/16/07)

When the device is used, one member of the entry team shall carry a dry chemical extinguisher for use in the event of a fire.

5-504 LESS-LETHAL SHOTGUNS AND KINETIC ENERGY IMPACT PROJECTILES (04/03/02) (08/17/04)

This policy addresses the use of less-lethal 12-gauge weapons with the kinetic energy impact projectiles and the 40mm sponge round. The MPD recognizes that combative, non-compliant, armed and/or violent subjects cause handling and control problems that require special training and equipment. Thus, the MPD has adopted the less-lethal force philosophy to assist with the de-escalation of these potentially violent confrontations. The less-lethal 12-gauge weapons with kinetic energy impact projectiles and the 40mm less-lethal multi-launcher with 40mm sponge round should not be used in deadly force situations without firearm backup.

The deployment of kinetic energy impact projectiles and the 40mm sponge round is not meant to take the place of deadly force options. Prior to using less-lethal options, officers need to consider any risks to the public or themselves. When using kinetic energy impact projectiles or the 40mm sponge 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 of the use of force continuum and MPD policies governing the use of deadly/non-deadly force.

DEFINITION OF KINETIC ENERGY IMPACT PROJECTILE

12-gauge sock rounds that are intended to incapacitate a subject with a minimal potential for causing death or serious physical injury.

AUTHORIZED USERS

Only SWAT officers who have been trained in the use of less-lethal shotguns and kinetic energy impact projectiles are authorized to carry and/or use them. (08/16/07)

USE OF 12-GAUGE KINETIC ENERGY IMPACT (SOCK) PROJECTILES

The standard projectile is a flexible sock round, 2 3/4-inch cartridge.

DEFINITION OF 40MM LESS-LETHAL MULTI-LAUNCHER SPONGE ROUND

Direct fire foam (sponge) round used in situations where maximum deliverable energy is desired for the incapacitation of an aggressive, non-compliant subject.

AUTHORIZED USERS

Only officers trained in the use of the 40mm less-lethal multi-launcher and sponge round are authorized to carry and/or use them.

USE OF THE 40MM LESS-LETHAL MULTI-LAUNCHER SPONGE ROUND

The standard projectile is a 40mm eXact iMpact Sponge Round.

FORCE CONTINUUM

The use of kinetic energy impact projectiles and the 40mm sponge 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.

DEPLOYMENT AREAS – LESS-LETHAL PROJECTILES

Less-lethal projectiles will be delivered to suspect target areas based on the circumstances, the established safety priorities, and level of force authorized. The target area for kinetic energy impact projectiles should be the arms, legs and abdominal area of the body, excluding the area of the heart, groin, head and neck area. These locations have a low probability of subject injury.

Officers are expected to be aware of the fact that the delivery of kinetic energy impact projectiles to certain parts of the human body can cause immediate death; or grievous injury that can lead to a permanent physical or mental incapacity or eventual death. Areas susceptible to death or possible severe injury are the head, neck, throat, chest (in vicinity of the heart) and armpit. Unless deadly force is justified, officers should avoid the delivery of kinetic energy impact projectiles to any of the above-described areas.

DEPOLOYMENT AREAS - 40mm LESS-LETHAL MULTI-LAUNCHER SPONGE ROUND

The target area for the 40mm sponge round should be the large muscle groups of the buttocks, thigh, knees, abdomen and upper torso. Areas to avoid when using the 40mm sponge round are the head, neck and groin.

DEPLOYMENT TECHNIQUES - 12-GAUGE

Shotguns used for less-lethal rounds will be clearly marked with yellow tape and/or distinctive colored stocks and will not be loaded with any other type of projectile. Shotguns used for less-lethal rounds shall be kept unloaded and stored in the trunk of the officer’s squad until they are needed. Officers should carry the approved less-lethal rounds within ready access at all times during their shift, preferably attached to the weapon. When loading less-lethal rounds into the shotgun, the officer will:

• Visually and physically inspect the chamber and magazine to ensure that all duty ammunition is removed from the shotgun.

• Visually inspect each round prior to insertion, ensuring that each round is in fact, a less-lethal round.

DEPLOYMENT TECHNIQUES - 40MM LESS-LETHAL MULTI-LAUNCHER

• There will be multi-launchers assigned to each precinct.

• Each multi-launcher will have its own case and will be kept in a gun locker at the precinct.

• Only commanders and MPD-trained operators will have keys to the lockers.

• MPD-trained operators will carry the multi-launchers in the trunk of their squad and the launchers shall be removed at the end of the shift.

• The multi-launchers can be used when the incapacitation of an aggressive non-compliant subject is desired.

• The multi-launcher can be a psychological deterrent and physiological distraction serving as a pain compliance device.

Officers shall announce over the radio that a less-lethal shotgun or 40mm launcher will be used. It is important that whenever possible, all officers involved and possible responding officers know that a less-lethal shotgun/projectile is being deployed so they don't mistake the sight and noise from the shotgun going off as a live ammunition discharge. Officers actually firing the less-lethal shotgun or the 40mm multi-launcher should yell "Code Yellow!" prior to and/or during firing. However, officers using less-lethal shotguns or 40mm multi-launchers must use their judgment to determine if a verbal warning of the discharge is appropriate in each specific situation.

HANDLING OF INJURED SUSPECTS

• Suspects that are struck by a kinetic energy round shall be transported to a medical facility for examination.

• Suspects that are struck by a 40mm sponge round should be examined by EMS personnel.

• If possible, photographs should be taken of any injuries to the suspect.

USE OF FORCE REPORT

• Officers that strike or shoot at a suspect with a kinetic energy round or 40mm sponge round shall follow the MPD's Use of Force policy and complete a CAPRS report entitled "FORCE."

• If an officer uses a less-lethal round, he/she shall immediately notify dispatch, who will notify a supervisor. A supervisor shall respond to the scene any time a kinetic energy impact projectile or 40mm sponge round is used. The responding supervisor shall review the incident and complete a CAPRS supplement.

• Supervisors shall ensure that all spent kinetic energy casings/shells or 40mm sponge rounds are collected and property inventoried if possible.

MECC

If MECC or a supervisor believes 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 SWAT officer who has a less-lethal shotgun or a MPD-trained operator with a 40mm multi-launcher respond to the scene. (08/16/07)

DISTRIBUTION

• Less-lethal shotguns – SWAT (08/16/07)

• 40mm multi-launchers - Assigned to each precinct

Below is a photograph of a less-lethal shotgun that will be deployed. Note the fluorescent orange markings and the words "Less-Lethal" on the stock.

Below is a photograph of a 40mm multi-launcher that will be deployed.

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