LTC 399-2016 Introduction of the Bean Bag (Less Lethal) Shotgun into the Police Department AAiAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC# 399-2016 LETTER TO COMMISSION
TO: Mayor Philip Levine and Members of t e City Corn ission
FROM: Jimmy L. Morales, City Manager
DATE: September 27, 2016
SUBJECT: Introduction of the Bean Bag ( ss Lethal) Shotgun into the
Police Department
This Letter to Commission is prepared to advise the Mayor and Commission that the
Police Department is adding a new less-lethal weapon, the Bean Bag Shotgun, to its
array of tools used to disarm and take into custody persons who present a danger to
themselves or others. While new to the MBPD, the weapon has been regularly used by
other police departments around the country for many years. It affords another option for
police officers to safely disarm a subject, but from a greater distance than the best
available current tool of the MBPD, the Taser.
Background
More and more, American law enforcement agencies are being scrutinized when deadly
force is employed. This is true even when the use of force is legal, justified and
consistent with the organization's policies and training. Recent incidents have resulted in
public scrutiny, outcry, and growing rifts — marked by protests and violence — between
police departments and the communities they serve.
The dynamic and fluid nature of police work makes it impossible to predict when and
where a deadly force situation may occur. It is therefore prudent that departments
prepare their officers for such situations by providing them with continuous training that
closely mirrors nationally accepted best practices. It is equally important that today's
police officers be supplied with the broadest array of less-lethal tools and equipment that
may be used as an alternative to the application of deadly force. In many of the 18,000
police departments in the United States, bean bag shotguns have been successfully
used for decades as a less-than-lethal alternative to deadly force.
Recognizing that at any given moment officers can be confronted with a situation where
deadly force may be justified, the MBPD will begin training the entire patrol force on the
weapon and its accompanying tactics beginning the first week of October. The
Department will begin deploying approximately forty (40) bean bag shotguns in
November. The goal in spreading the 40 weapons across the entire 24-hour patrol force
is to ensure that at least several officers equipped and trained with this device are on
patrol at any given time to respond if needed to disarm and take into custody an
emotionally disturbed or dangerous subject who is threatening harm to himself/herself or
others.
Less than Lethal
The bean bag 12-Gauge shotgun is considered a "less than lethal" weapon, like the
Taser. This means that if used in the manner in which it was designed and intended, and
consistent with proper training, the weapon will not cause death or serious injury. It is
designed to gain a subject's compliance without resulting in great bodily harm.
The bean bag shotgun operates in precisely the same manner as a regular shotgun. The
significant difference is the ammunition used. The projectile deployed from the weapon
is specifically designed to impact a person's body by causing an immediate stun effect,
but without the projectile penetrating into the body. The person struck by a bean bag
round will feel pain and temporary, limited physical incapacitation, allowing police to take
custody of the subject and control of the situation before it can escalate.
To visibly distinguish the bean bag shotgun, it will have a bright orange stock with the
words "less lethal" clearly embossed and an orange fore grip (see photo, attached). The
orange color is designed to signal to the operator and to all police officers on scene that
a less-than-lethal shotgun is being deployed and is readily available as an option to
resolve an encounter where the person is a danger to himself/herself or others.
The most significant added advantage the bean bag shotgun provides officers is the
increased distance at which it is effective, which is much beyond the reach of the Taser.
The ideal range to operate a Taser effectively is 0 to 12 feet from the subject, depending
on how it is deployed. The ideal range for the bean bag shotgun is 20 to 75 feet,
meaning that police officers can readily increase their distance and still disarm and
temporarily incapacitate the subject much more safely than the close-in contact needed
to deploy the Taser.
As a further safety precaution, the Department is eliminating the lethal shotgun from its
arsenal. Police officers will no longer be permitted to carry and use a lethal shotgun. The
Department is comfortable with eliminating the lethal shotgun because of the significant
number of patrol officers who now carry rifles, which are more accurate than the
shotgun.
Sanctity of Life
The preservation and sanctity of life has always been and will remain a guiding principal
of the MBPD. As such and pursuant to policy and training, the determination to use a
bean bag shotgun will be made by an officer only when the following two conditions
exist:
1. As an alternative to deadly force when all viable means and options to control or
subdue a dangerous and violent subject have been exhausted; and
2. When an officer objectively and reasonably perceives an immediate threat of force
directed at the officer or another person, or the subject is attempting to inflict self-
injury.
Summary
Recent national events have shown that even when the use of deadly force by police is
both legal and justified, the event can result in a strained and tense relationship between
the police department and the community it serves. In the current climate, it is vitally
important that police departments provide their officers with as many tools as possible as
an alternative to the use of deadly force.
The Miami Beach Police Department will begin training and deploying less-than-lethal
bean bag shotguns in November, after a cycle of training on the weapon and its
accompanying tactics for all patrol officers over the next several weeks. The weapon is
designed to stun and incapacitate a subject and will be utilized under strict guidelines, as
outlined in this summary.
The lethal version of the shotgun will be removed from the MBPD arsenal and will no
longer be permitted to be used by the Department.
JLM:DJO:WJ:tr
1
MIAMIBEAOH
POLICE
GENERAL ORDER GO#16-02
BEAN BAG SHOTGUN
CALEA Standard(s): 1.3.1; 1.3.4; 1.3.5; 1.3.9a-f; 1.3.10; 1.3.11a-c; 1.3.12
PURPOSE: To provide Department personnel with guidelines on the use of the less lethal
intermediate weapon known as the bean bag shotgun. The Department
maintains an inventory of certain less lethal intermediate devices that may be
used to effect arrests. Less lethal intermediate devices and ammunition may be
utilized to overcome a suspect's unlawful resistance, minimize danger to officers
and protect innocent citizens.
SCOPE: This General Order(GO) applies to all sworn law enforcement, to include
auxiliary and/or reserve police officers who elect to qualify with the optional less
lethal intermediate weapon known as the bean bag shotgun.
POLICY: This Department recognizes and respects the value, integrity and sanctity of
each human life. In vesting police officers with the lawful authority to use force to
protect the public welfare, a careful balancing of all human interests is required.
Therefore, it is the policy of this Department that personnel will use reasonable
force when force is used to accomplish lawful objectives, while protecting the
lives of the officer or another person. Force in excess of that which is reasonable
is prohibited.
NOTE: The Department will no longer deploy lethal shotguns or lethal shotgun
ammunition. Use of the shotgun with any ammunition other than the less lethal
bean bag round as described in this General Order is prohibited.
DEFINITIONS:
BEAN BAG SHOTGUN -A 12 gauge shotgun that is not intended to cause death or great
bodily harm, clearly identified by an orange stock and orange fore-end with the words less
lethal on the stock and authorized solely for the deployment of less lethal munition.
LESS LETHAL INTERMEDIATE WEAPON -A weapon that is not intended to cause death or
great bodily harm, such as: aerosol deterrent spray (ADS), conducted electrical weapon
(CEW), bean bag shotgun, 37/40 millimeter sponge round launcher, expandable baton
and K-9.
Effective Date: 09!27/16 GO#16-02 miAMIBEACH
Revised Date: Page 1 of 6 PCOLIC'
LESS LETHAL PROJECTILE -A projectile not intended to cause death or great bodily harm
that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person.
NON-DEADLY FORCE - Force that is not likely or intended to cause death or great bodily
•
harm.
OBJECTIVE REASONABLENESS -An equation of qualifiers to determine if a law
enforcement officer's actions in a particular instance were reasonable based on the totality of
the circumstances. Some specific factors to consider are the circumstances unique to the
rapidly evolving incident, the severity of the crime, the subject's immediate apparent threat to
the officer or others, the level of suspect's resistance, the officer's abilities and training and the
facts or circumstances known to the officer at the time of the incident.
PROBABLE CAUSE -Where the facts and circumstances within the officers' knowledge, and
of which they have reasonably trustworthy information, are sufficient in themselves to warrant
a belief by a man of reasonable caution that a crime is being committed.
REASONABLE BELIEF -The facts or circumstances an officer knows or should know are such
as to cause a man of reasonable caution in the belief that the action taken was appropriate. In
justifying the particular intrusion the police officer must be able to point to specific and
articulable facts which, taken together with rational inferences from those facts, reasonably
warrant the intrusion.
SELECTIVE RESPONSE TO SUBJECT RESISTANCE - is the selection of force used by an
officer in order to overcome subject resistance to complete a lawful act; to control a situation or
the actions of persons, ranging through various levels to include verbal commands, physical
contact, less lethal intermediate weapons, or deadly force.
PROCEDURE:
I. Bean Bag Shotgun [1.3.9a][1.3.10] -
A. Only sworn law enforcement officers, auxiliary and/or reserve police officers who
have met all statutory, training and proficiency requirements may be authorized
to carry the bean bag shotgun approved and issued by the Department.
B. Authorized uniformed officers will carry the bean bag shotgun issued to them by
the Department while on regular duty.
C. All bean bag shotgun training will be documented and monitored by a certified
weapons or tactics instructor. [1.3.11a][1.3.11b]
D. The Training Section will be responsible for maintaining documentation of all
initial, transitional, refresher and remedial bean bag shotgun training.
Documented in-service bean bag shotgun refresher training will be conducted, at
a minimum, every other year; [1.3.11][1.3.11b]
Effective Date: 09/27/16 GO#16-02 MJ Mueeaa
Revised Date: Page 2 of 6 POLICE
E. All employees authorized to carry the bean bag shotgun will:
1. Receive instruction in Department policy and law concerning the use of
bean bag shotgun; and [1.3.121116.3.6]
2. Receive a copy of this SOP electronically through PowerDMS and sign a
receipt or electronic receipt for the same. [1.3.12]
3. Demonstrate corresponding bean bag shotgun proficiency during initial,
transitional, refresher and remedial courses.
F. Bean Bag Shotgun Remedial Training [1.3.11c][26.1.aa,b,c][33.1.5]
1. Officers wanting to continue to carry the bean bag shotgun who fail to
demonstrate proficiency on the first attempt will be immediately afforded a
second chance to demonstrate proficiency.
2. Officers failing to demonstrate bean bag shotgun proficiency on the
second attempt will be provided another opportunity on the next available
date.
3. Officers who fail to attend and/or demonstrate bean bag shotgun
proficiency on the third attempt, until a qualifying score is achieved:
a. Will immediately be relieved of the bean bag shotgun by the Range
Master or designee.
b. The Range Master or designee will notify the officer's immediate
supervisor verbally and by email without delay;
4. The officer's immediate supervisor will:
a. Notify the officer's Division Commander via the Chain of Command;
b. Sworn officers who elect to continue to carry the bean bag shotgun
will be scheduled for the first available remedial training date. The
bean bag shotgun will be re-issued to the officer upon successful
completion of remedial training; and [1.3.11c]
5. Supervisors will relieve any sworn officer of any issued bean bag shotgun
if the supervisor discovers the employee using the weapon in an
unacceptable manner. The incident will be documented on an Allegation
of Employee Misconduct form and will be investigated in accordance with
SOP# 010— Internal Affairs.
G. The Range Master or designee will review, inspect and approve all bean bag
shotguns prior to issuance. [1.3.9c]
Effective Date: 09/27/16 GO#16-02 MIAMIBEACH
Revised Date: Page 3 of 6 P®I..10E
H. Any bean bag shotgun found to be unsafe will be immediately removed from
service and placed in the PEU for repair or replacement. [1.3.9d]
The PEU will maintain a record of every assigned bean bag shotgun [1.3.9e]
II. Authorized and Issued Bean Bag Shotgun [1.3.4][1.3.9a]
A. Bean bag shotgun
1. The bean bag shotgun may be used when the officer, based on objective
reasonableness, perceives an imminent threat of physical force against
himself/herself, other persons, or if the individual is attempting to harm
himself/herself.
2. The bean bag shotgun may be used, in lieu of lethal force, and when de-
escalation is a viable option, to control a dangerous or violent subject
when deadly force is justified or attempts to subdue the subject by other
methods have been, or will likely be, ineffective in the situation at hand.
3. Deployment
a. The bean bag shotgun will not be deployed, except in extraordinary
situations, without an armed escort/cover officer.
b. Verbal warnings should be issued to the subject prior to deploying
the bean bag shotgun to allow the subject the opportunity to comply
with the officer's commands, unless the warning would provide a
tactical advantage to the subject being taken into custody.
c. Prior to deployment, the deploying officer will announce 'Low
Ready' to alert other officers of the impending bean bag shotgun
deployment.
4. The bean bag shotgun will be used pursuant to Department training.
5. A bean bag shotgun will not be used:
a. When the subject does not pose or appear to pose an immediate
threat of physical force against an officer, other persons, or
themselves or is passively resistant to an officer's command(s);
b. When the subject is at an elevated location which poses a risk of
great bodily harm or death to the subject should the subject fall,
unless deadly force is justified;
Effective Date: 09/27/16 GO#16-02 MAMBBEA41
Revised Date: Page 4 of 6 POLICE
c. When the subject is known or appears to be:
1) A pregnant woman unless the use of deadly force is justified;
• 2) A child under the age of 13 unless the use of deadly force is
justified; or
3) An elderly person unless the use of deadly force is justified.
d. When the subject is the operator of a motor vehicle;
e. On a handcuffed or otherwise restrained individual except in
extraordinary articulable circumstances where such person violently
attacks an officer or another person and places the officer or
another person at risk of serious bodily injury or death and lesser
means have been attempted and failed or are not feasible;
f. As an intimidation tactic, unless the officer reasonably believes
justification exists to deploy the bean bag shotgun and it will be
necessary to deploy the bean bag shotgun. The bean bag shotgun
will not be deployed or displayed with the sole intent of coercing,
frightening or intimidating an individual or a crowd;
• -g. To affect the arrest of a person who is unable to resist the officer.
6. When engaging a subject, the deploying officer will evaluate the
effectiveness of each round after each impact.
7. Control and handcuff the subject as soon as the situation permits;
8. Fire Rescue will respond to all incidents in which a bean bag shotgun
round has struck a subject whether or not the subject complains of pain or
of being injured; [1.3.5]
9. A supervisor will respond to the scene to prepare a Response to
Resistance (COP) form.
10. Officers will request a supervisor respond to the scene of all incidents
involving the use of the bean bag shotgun.
11. Photographs of the subject will be taken by the Crime Scene Unit
personnel in all instances where the bean bag shotgun is deployed.
12. The arresting officer will note on the back of the MDPD Records copy of
the Complaint/Arrest Affidavit form that the bean bag shotgun was used
on the subject.
Effective Date: 09/27/16 GO#16-02 MIAMIBEICI-I
Revised Date: Page 5 of 6
13. A medical clearance may be required based on Miami Dade County
Corrections (MDCC) policy prior to booking the subject at a detention
facility other than the Department's temporary holding facility.
14. Patrol Carry
a. Bean bag shotguns will be carried with a minimum of four rounds in
the magazine, chamber empty, safety off and un-cocked.
b. Unless exigent circumstances exist, the following loading/unloading
procedures will be followed:
c. Bean bag shotguns will be loaded/unloaded away from public view,
if possible;
d. A round will be chambered in the bean bag shotguns only when it is
determined that deployment may be necessary;
e. Routine bean bag shotgun loading/unloading will be into and from
the magazine tube with the barrel pointing in a safe direction; and
f. Chambered rounds will be removed directly from the chamber via
the ejection port.
15. Patrol Carry/Stock— In lieu of a fixed weapons mounting system, officers
are responsible for supplying their own cable, lock and/or lockable hard-
sided box/case. A cable will be secured to one end of double locked
handcuff. The opposite end of the handcuff will be secured around the
narrow section of the fixed stock behind the receiver. The cable assembly
will be affixed to a metal hard-point within the vehicle compartment and
secured by threading and locking.
16. Lockable hard-sided box/case -The box or case will be secured with a
cable and lock or double locked handcuff to a metal hard-point within the
vehicle trunk or covered cargo area. The box or case will have a lockable
lid/door to prevent unauthorized access to the firearm(s) inside.
17. Refer to SOP #007, Firearms, for guidance concerning safety, storage,
security and transportation of firearms.
DJO/rc/pjp
APPROVED BY:
Daniel J. Oates
Chief of Police
Effective Date: 09/27/16 GO#16-02 MJAMJBEA01
Revised Date: Page 6 of 6 POILIC E
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