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Use of Force

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Policy & Procedures                 No. 1.01
                                  Subject:
              Use of Force
                                  Issuing Authority:                                        Effective Date:   Review Date:
                     Chief of Police                       06/01/2009   11/28/2023
                                                                                  References:

 Review
 Revision   01/01/2014   06/18/2020  Revised     01/24/2021
 Reissued   12/18/2015               Reissued    02/01/2021
 Dates:     02/23/2016
            11/09/2017               Reissued    09/01/2022
            11/10/2018                             11/28/2023
            11/09/2019                             03/09/2024

CALEA STANDARDS: 1.1.0 1.1.1 1.1.2 1.1.3 1.1.4  1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 1.1.10
1.1.11  1.1.12  1.1.13  1.1.14  11.4.4  33.5.1 46.1.12

I.   GENERAL CONSIDERATIONS AND GUIDLINES

The Canton Police Department’s Use of Force Policy provides specific written guidelines
regarding the reasonable use of necessary force that may be used by Canton Police Officers
while they are serving and protecting the greater community at large. This Use of Force Policy is
based from federal, state, and local law as well as existing best practices of accredited law
enforcement agencies across the nation. Each and every day officers are continually involved in
numerous and varied interactions and encounters with members of the community. The Canton
Police Department trains each one of our police officers to have a complete and accurate
understanding of, and true appreciation for, their individual statutory and common law authority
as well as the existing limitations to this authority. This is especially true with respect to
overcoming resistance - whether armed or not - while engaged in the performance of lawful law
enforcement duties and responsibilities.

As you are aware, the men and women of the Canton Police Department place the highest value
on the sanctity of life, the protection of the public, the safety of our officers all the while
respecting individual freedoms, liberty and dignity of every individual that we have occasion to
encounter,  engage  or  assist.   Because  of  our law  enforcement  responsibility and  our
peacekeeping role, a Canton Police Officer may at times be called upon and even required to
utilize some type of physical force, however slight, to enable our officers to fully carry out their
law enforcement responsibilities in maintaining order especially when met with significant
resistance or when the individual that is confronted is in the act of causing or attempting to cause
injury to another person. Police officers may be confronted with situations requiring or resulting
in the use of various degrees of force to not only affect a lawful arrest, but to ensure public safety
and to protect themselves or others from imminent harm. The degree of force used is strictly
dependent upon the facts and circumstances surrounding the situation that the officer encounters.
Our police officers are trained that only a reasonable and necessary amount of force may be used

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and is dependent upon the intensity of resistance or threat to the safety that the situation presents,
and the lack of any less restrictive available alternatives.

It should be understood that the rationale for the use of force is always to maintain and/or
reestablish control over a volatile situation and never to be used in a retaliatory manner. Control
is reached when a person complies with the officer's directions and/or the suspect is restrained or
apprehended and no longer presents a threat to the officer or another. Since an officer will
encounter a wide range of behaviors, the officer must be prepared to utilize a range of force
options that are both reasonable and necessary to maintain and/or reestablish control by
overcoming resistance to the officer's lawful authority while minimizing injuries. Officers are
further trained that whenever a particular force option is utilized against an individual
who fails to comply with the reasonable and lawful commands of the officer(s), that
particular force option shall terminate, when it is deemed to be objectively reasonable that
a subject is fully within the law enforcement officers’ control.

Because there are an unlimited number of possibilities, allowing for a wide variety of
circumstances, no written directive can offer definitive answers to every situation in which the
use of force might be appropriate. Rather, this directive will set certain specific guidelines and
provide officers with a concrete basis on which to utilize sound judgment in making reasonable
and prudent decisions.

The Canton Police Department recognizes that the development of certain skills and abilities
through ongoing training allows an officer to regularly resolve confrontations and disturbances
without the need to resort to force is a hallmark of a professionally trained police officer.

II.   DEFINITIONS 1.1.2

  A. CHOKEHOLD.  The use of a lateral vascular neck restraint, carotid restraint or other
      action that involves the placement of any part of law enforcement officer’s body on or
      around a person’s neck in a manner that limits the person’s breathing or blood flow with
      the intent of or with the result of causing bodily injury, unconsciousness or death.
     Chokeholds are strictly forbidden by statute and are not trained by this department.
     UOF-01; 1.1.2

  B. DEADLY FORCE. Physical force that can reasonably be expected to cause death or
      serious physical injury. A law enforcement officer shall not use deadly force upon a
      person unless de-escalation tactics have been attempted and failed or are not feasible
      based on the totality of the circumstances and such force is necessary to prevent
     imminent harm to a person and the amount of force used is proportionate to the threat of
     imminent harm. UOF-02; UOF-05; 1.1.2

  C. DE-ESCALATION TACTICS. 1.1.1 Proactive actions and approaches used by an officer
       to stabilize a law enforcement situation so that more time, options and resources are
       available to gain a person’s voluntary compliance and to reduce or eliminate the need to
      use force including, but not limited to, verbal persuasion, warnings, slowing down the
      pace of an incident, waiting out a person, creating distance between the officer and a threat
     and requesting additional resources to resolve the incident, including, but not limited to,
       calling in medical or licensed mental health professionals, as defined in subsection (a) of
      section 51½ of chapter 111, to address a potential medical or mental health crisis. UOF-03

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D. DEFENSIVE FORCE.  The necessary use of physical force  to overcome violent
    resistance from an attacker, or to protect others from assault, injury or death.

E. LETHAL FORCE. Lethal Force as used in this policy is defined as that degree of force,
   which a reasonable and prudent officer would consider likely to cause death or serious
    physical injury. This may include red zone strikes with batons. The use of a firearm is
  ALWAYS the use of lethal force. Lethal Force also referred to as Deadly Force (above) is
    that degree of force that can reasonably be expected to cause death or serious physical
    injury. A law enforcement officer shall not use deadly force upon a person unless de-
    escalation tactics have been attempted and failed or are not feasible based on the totality of
    the circumstances and such force is necessary to prevent imminent harm to a person and
    the amount of force used is proportionate to the threat of imminent harm. 1.1.0; 1.1.2;

F. LESS LETHAL FORCE.  Less  lethal force  is that degree of force, which in the
   circumstances is neither likely nor intended to cause death or serious physical injury. It is
    usually employed as a defensive measure. Officers are trained and issued less lethal police
   equipment, OC, Expandable Baton (ASP), Taser, and a department K-9, to provide them
   with an advantage when fending  off  or subduing unarmed  assailant.  Officers  are
    authorized to use less lethal force that is necessary and proportionate where de-escalation
    tactics have been attempted and failed or are not feasible based on the totality of the
    circumstances. 1.1.0

G. OFFICER-INVOLVED INJURY OR DEATH. Any event during which an officer: (i)
    discharges a firearm, as defined in section 121 of chapter 140, actually or proximately
   causing injury or death to another; (ii) discharges any stun gun as defined in said section
   121 of said chapter 140, actually or proximately causing injury or death to another; (iii)
   uses a chokehold, actually or proximately causing injury or death of another;  (iv)
    discharges tear gas or other chemical weapon, actually or proximately causing injury or
   death of another; (v) discharges rubber pellets from a propulsion device, actually or
   proximately causing injury or death of another; (vi) deploys a dog, actually or proximately
   causing injury or death of another; (vii) uses deadly force, actually or proximately causing
    injury or death of another; (viii) fails to intervene, as required by section 15, to prevent the
   use of excessive or prohibited force by another officer who actually or proximately causes
    injury or death of another; or (ix) engages in a physical altercation with a person who
    sustains serious bodily injury or requests or receives medical care as a result. 26.0.4 (7)

H. PROBABLE CAUSE.  Probable cause for arrest exists if, at the time of the arrest, the
    facts known to the arresting officer (or within the collective knowledge of the police) are
   reasonably trustworthy and are sufficient to warrant a person of reasonable caution and
   prudence to believe that the person being arrested has committed or is committing the
   crime for which the arrest is being made.

I. REASONABLE BELIEF.  Reasonable belief exists when the facts or circumstances an
    officer knows, or should know, are such as to cause an ordinary and prudent person to act
    or think in a similar way under similar circumstances. 1.1.2

J. REASONABLE FORCE. Graham v. Connor, 490 US 386, 395 (1989). Force which is
    objectively reasonable because it is necessary to overcome resistance offered in a lawful

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police action to compel an unwilling subject’s compliance with an officer’s lawful
      exercise of police authority.

  K. SERIOUS BODILY INJURY. Bodily injury that results in: (i) permanent disfigurement;
         (ii) protracted loss or impairment of a bodily function, limb or organ; or (iii) a substantial
       risk of death. 1.1.2; UOF-04

III.  POLICY

A.     All officers of the Canton Police Department shall use reasonable and necessary
       force to overcome resistance to lawful objectives when alternative methods and
        tactics are either impractical, ineffective or pose a greater risk. 1.1.1

B.    Canton Police Department officers shall not use physical force upon another person
       unless de-escalation tactics have been attempted and failed or are not feasible based on
       the totality of the circumstances and such force is necessary to:1.1.0; 1.1.1; 1.1.2; UOF-
      12

                   (i) effect the lawful arrest or detention of a person;

                (ii)prevent the escape from custody of a person; or

                    (iii) prevent imminent harm, and the amount of force used is proportionate to the
                threat of imminent harm; provided, however, that a law enforcement officer may
             use necessary, proportionate and non-deadly force in accordance with the
               regulations promulgated jointly by the commission and the municipal police
               training committee pursuant to subsection (d) of section 15."

C.    Members of this Department may use lethal force only when the officer reasonably
       believes that the action is in defense of human life, including the officer's own life, or
       in defense of any person in immediate danger of serious physical injury  Officers
     may also use lethal force to prevent the escape and effect the arrest of an individual
     whom the officer has probable cause to believe has committed a felony involving the use,
       attempted use or threatened use of lethal force and whom the officer reasonably believes
        will cause death or serious physical injury if apprehension is delayed. (See section X of
        this Policy). 1.1.0, 1.1.2

   D. In each individual instance, lawful and proper force  is restricted to only that force
       necessary to control and terminate unlawful resistance and to prevent any further physical
        attack against the police officers or any other person.  This would include lethal or less
        lethal force, with lethal and less-lethal weapons, or weapons of opportunity to terminate
       unlawful resistance and to prevent any further physical attack upon the officers or any
       other person.

E.     This policy requires strict adherence by all personnel including but not limited to all
      sworn full-time permanent police  officers, reserve police  officers,  retired part-time
        officers and the animal control officer. Pre-service and annual training (documented) on
       de-escalation for all full-time and part-time sworn personnel is required. 1.1.0;1.1.1

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F.     All of the provisions contained within this Canton Police Department Use of Force
       Policy shall strictly adhere to all applicable statutory and constitutional provisions
       of federal, state, and local laws including but not limited to the holdings by the
      United States Supreme Court and the Massachusetts Supreme Judicial Court in:
        1.1.0

                  Graham v. Connor, 490 US 386 (1989)
                   Tennessee v. Garner, 471 US 1 (1985)
                  Comm. v. Adams, 416 Mass. 568 (1993)
                  Comm. v. Klein, 372 Mass 823 (1977)
                  Comm v. Martin, 369 Mass 640 (1976)
       This also includes MGL C41. S98 – Powers and duties of officers and employees.

DUTY TO INTERVENE (refer to Duty to Intervene Policy for further)

IV.  CONTINUUM OF FORCE

A.    The amount and degree of force, which may be employed, will be determined by the
       surrounding circumstances including, but not limited to:

                1.    The nature of the offense;

                2.    The behavior of the subject against who force is to be used;

                3.     Actions by third parties who may be present;

                4.     Physical odds against the officer; and
                5.    The feasibility or availability of alternative actions.

                6.    The opportunity for de-escalation at any time during the encounter.

B.   When an officer determines that the use of force is necessary, he shall, to the extent
        possible, utilize the appropriate level of force as determined by the particular needs of the
        situation.

C.    The preferred means of using force are set forth below in ascending order from least
       severe to the most drastic measures. An officer should exhaust every reasonable means
       of employing  the minimum amount  of  force before  escalating  to a more severe
       application of force, except where the officer reasonably believes that lesser means would
       not be adequate in a particular situation and the use of force is necessary to accomplish
        his lawful objective or to protect himself or another from serious physical injury or death.
       Officers should continuously evaluate the circumstances of the encounter with the goal of
       exploiting both verbal and tactical opportunities with the intent of de-escalating to a
       lower force level.

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1.    VERBALIZATION.  Verbalization is defined as verbal persuasion, by
                way of verbal commands, used by the officer in an attempt to defuse or
                      deescalate the situation or inform a suspect that he is under arrest.

                2.   WEAPONLESS PHYSICAL FORCE:  Weaponless  physical  force
                      techniques,  including  distraction  techniques,  are those techniques an
                        officer feels necessary to use to effect "Take Down and Control Holds" by
                      generally using their hands. 1.1.6 (2)

                3.   CHEMICAL SUBSTANCE.  Department approved less lethal chemical
                     substance when used to overcome resistance or an assault, or deter riotous
                      or violent behavior.

                4.    LESS LETHAL IMPACT DEVICES. The Department has approved the
                     following Less Lethal Impact Devices when used as an impact instrument
                  by the officer to defend themselves or another from the threat of serious
                      physical injury. 1.1.4

               ●     Expandable Baton (ASP)
               ●     Taser X26

                5.   LETHAL FORCE/FIREARMS.  The use of ‘Lethal Force’ is the last
                     option within the continuum of force and is only authorized in accordance
                    with the guidelines established in Section IX of this policy.

D.  MPTC USE OF FORCE REFERENCE GUIDE

                            Perceived Circumstances

            Perceived Subject Action (s)             Reasonable Officer Response (s)

The Totality Triangle  depicts the three elements which must be considered in determining
whether an application of force was  objectively reasonable.

Perceived Circumstances - the officer’s perspective of the severity of any crime, the existence
of an immediate safety threat to the officer or others, and the degree of compliance / non-
compliance from the subject; culminating in its identification on the Use of Force Model.

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Perceived Subject Action (s) - the subject action (s) as perceived by the reasonable officer that
designate the subject at one or more of the Use of Force Model’s compliant / non-compliant
categories.

Reasonable Officer Response (s) - the “balanced” response (s) appropriate for the reasonable
officer’s selection from the Use of Force Model’s identified response categories, in order to
maintain or gain subject compliance and control.

                      MPTC Use of Force Model

                                         Assaultive                      Deadly
                                         (Bodily Harm,                      Force
                                                       Harmful                                          Death)
                                    Assaultive                                Defensive
                                    (Bodily Harm)             Volatile               Tactics

                                                              Strategic

                                                   Threat Perception
                     Compliant                       Categories                     CooperativeControls

                     Perceived                                                Reasonable Officer
                  Subject                                                         Response(s)

The Use of Force Model was developed in 1991 by Dr. Franklin Graves, Federal
Law Enforcement Training Center and Professor Gregory J. Connor, University
of Illinois Police Training Institute.  1998, G. Connor.  All rights reserved.

Threat Perception Color Code - the tactically applied and color adapted correlation of the
Threat Perception Categories on the Use of Force Model.

Control Superiority Principle  - the understanding and visualization method utilized to
reinforce the inherent principle of officer force superiority over the subject’s degree of
compliance / non-compliance.

Assessment / Selection Arrows - the mechanism utilized to indicate the dynamic nature of an
officer’s decision-making process of Tactical Transition  during the enforcement encounter.

Threat Perception Categories

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Strategic - the broad “mind set” of the officer, represented by the blue baseline on the Threat
Perception Color Code. The contemporary officer must maintain this functional foundation,
centered upon strategies designed to enhance the status of safety.

Tactical - the second level on the Use of Force Model, depicted by the color green. Here the
officer perceives an increase in threat potential within the confrontational environment and
tactical procedures are designated and deployed.

Volatile - the third level on the Use of Force Model utilizing the color yellow to indicate an
activated level of alertness and threat potential. Here the officer is confronted with the presence
or potential of critical dynamics, including threat intensity and severity within the enforcement
encounter.

Harmful - at this level on the Use of Force Model the color orange denotes an accelerated
perception of threat directed upon the officer or others. In this regard the officer must deploy
initial defensive force in the effort toward eventual subject compliance and control.

Lethal - the highest level on the Use of Force Model correlates to the most intense color in the
Threat Perception Color Code, red. Although this potentially lethal degree of threat is most
infrequent, it remains most crucial for the continuation of officer safety and security.

Perceived Subject Action (s) Categories

Compliant - represents the vast majority of officer / citizen confrontations in the form of
cooperation and control. Such cooperation is generally established and maintained via cultural
acceptance, verbalization skills, etc.

Resistant (Passive) - the preliminary level of citizen non-compliance. Here, the citizen,
although non-compliant, offers no physical or mechanical energy enhancement toward the
resistant effort.

Resistant (Active) - the subject’s non-compliance is increased in scope and / or intensity. The
subject’s non-compliance now includes energy enhanced physical or mechanical defiance.

Assaultive (Bodily Harm) - the officer’s attempt to gain lawful compliance has culminated in a
perceived or actual attack on the officer or others. The officer makes the reasonable assessment
that such actions by the subject would not result in the officer’s or other’s death or serious bodily
harm.

Assaultive (Serious Bodily Harm / Death) - the officer’s attempt to gain lawful compliance has
culminated in the perception of an attack or the potential for such an attack on the officer or
others. The officer makes the reasonable assessment that such actions by the subject could result
in serious bodily harm or death to the officer or others.

Officer Response (s) Categories

Cooperative Controls - include contemporary controls developed to preserve officer safety and
security, including: communication skills, restraint applications (routine handcuffing), etc.

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Contact Controls - includes resistant countermeasures designed to guide or direct the non-
compliant subject. These “hands on” tactics would include the elbow / wrist grasp, Hand
Rotation Position, escort position, etc.

Compliance Techniques - includes resistant countermeasures designed to counter the subject’s
enhanced degree of resistance. These tactics could include arm/wrist manipulation, balance
displacement, physical restraint, arm bar take down, distraction techniques, O.C., Baton restraint
& control, Taser Drive Stun, etc.
Defensive Tactics - includes assaultive countermeasures designed to cease the subject’s non-
lethal assault on the officer or others, regain control, and assure continued compliance. These
tactics could include weaponless strikes, Taser probe deployment, baton strikes, kicking
techniques, “bean bag”, etc.

Deadly Force - includes assaultive countermeasures designed to cease an assault which is lethal
or could cause great bodily harm on the officer or others. These tactics could include the use of a
firearm, lethal strikes, neck restraints, choke holds, etc.

V.  DEALING WITH MINORS (<18); EMOTIONALLY DISTURBED
    PERSONS (EDP’S) OR PHYSICALLY DISABLED INDIVIDUALS

      A.   When an officer of this department is dealing with certain individuals in an
             enforcement capacity or other related potential custodial context who are either
           known or believed to be minor children (<18), mentally ill or physically disabled
            and that could carry the potential for physical resistance or violence, certain
              timely considerations and informed judgments about their mental and/or physical
                state need to be considered.  Dealing with these individuals may require special
               police skills, abilities, or in-service and/or specialized training to effectively and
               legally deal with the person so as to avoid unnecessary violence, or injury to the
                officer or the subject who either is in distress or who has committed a criminal
               offense.

       B.     Therefore,  it is extremely important that members of this department shall be
              issued  specific  guidance on  developmentally  appropriate  de-escalation and
             disengagement tactics, techniques and procedures and other alternatives to the use
              of force for minor children (<18), mentally ill or physically disabled that may take
               into account contextual factors including, but not limited to, the person’s age,
                disability status, developmental status, mental health, linguistic limitations or
               other mental or physical condition. Given the sometimes unpredictable nature of
               children or the mentally  ill and/or physically disabled, officers should never
            compromise or jeopardize their safety or the safety of others when dealing with
               individuals displaying symptoms of mental and/or physical illness or who are
            below the age of 18. In the context of enforcement and related activities, officers
                shall be guided by Massachusetts State Law and Canton Police Policy 1.13.
            Handling the Mentally Ill regarding the detention of the mentally  ill and /or
               physically disabled and Canton Police Policy on Handling Juveniles 1.12  for

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minor children between the ages of 12 and 18 years of age. Officers shall use
       these policies to assist them in balancing whether a person’s behavior is indicative
       of mental illness and dealing with the mentally ill and physically disabled in a
       constructive and humane manner while insuring officer and public safety.

C.    Should the officer determine that an individual may be a minor, mentally ill
       and/or physically disabled and a potential threat to himself, the officer, or others,
       or may otherwise require law enforcement intervention for humanitarian reasons
       the following responses may be taken, bearing in mind officer safety is most
       important.

        1.  Request a backup officer, and always do so in cases where the individual
        will be taken into custody.

        2.  Take steps to de-escalate the situation. Where possible, eliminate emergency
            lights and sirens, disperse crowds, and assume a quiet non-threatening manner
        when approaching or conversing with the individual. Where violence or
           destructive acts have not occurred, avoid physical contact, and take time to
           assess the situation.

             Note: DE-ESCALATION: Members shall use de-escalation techniques
            whenever possible and appropriate, before resorting to force and to
            reduce the need for force. De-escalation techniques may include
             verbal persuasion, warnings and tactical de-escalation techniques,
            such as slowing down the pace of an incident, waiting out subjects,
              creating distance (and thus the reactionary gap) between the member
           and the threat, and requesting additional resources (e.g., specialized
               units, mental health care providers, negotiators, etc.) to resolve the
               incident.

                        1. When reasonable under the totality of circumstances,
                members should use advisements, warnings, verbal persuasion,
                 and other tactics and alternatives to higher levels of force.

                        2. Members should recognize that they may withdraw to a
                     position that is tactically advantageous or allows them greater
                     distance in order to de-escalate a situation or consider or
                   deploy a greater variety of force options, including lesser force
                   or no force at all.

                        3. Members shall perform their work in a manner that avoids
                  unduly jeopardizing their own safety or the safety of others
                  through poor tactical decisions.

                        4. Members shall not use tactics designed to intentionally
                      escalate the level of force

        3. Move slowly and do not excite the disturbed person. Provide reassurance

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that the police are there to help and that he will be provided with
appropriate care.

4. Communicate with the individual in an attempt to determine what is
bothering him. Relate your concern for his feelings and allow him to
ventilate his feelings. Where possible, gather information on the subject
from acquaintances or family members and/or request professional
assistance if available and appropriate to assist in communicating with
and calming the person. Do not threaten the individual with arrest or in any other
manner as this will create additional fright, stress, and potential aggression.

5. Avoid topics that may agitate the person and guide the conversation toward
subjects that help bring the individual back to reality.

6. Always attempt to be truthful. If the subject becomes aware of a deception, he
   may withdraw from the contact in distrust and may become hypersensitive or
    retaliate in anger.

7.  Consider containing the situation, establishing distance, waiting for additional
    help, the arrival of trained medical staff.

8.  In furtherance of the department policy to utilize de-escalation protocols
   whenever practical – especially when dealing with minor children or an
   emotionally disturbed person or someone otherwise in crisis, Canton
    Police Officers should always attempt to implement the trained principles
    of what is commonly referred to as ICAT (Integrating Communication,
   Assessment & Tactics) whenever possible.

   These principles are comprised of carefully developed strategies that
    train police officers to:

        (1) slow down a situation,
        (2) communicate (have a direct conversation) with the subject who
      appears to be in crisis and/or distress,
        (3) devise a strategy,
        (4) be willing to create space and distance whenever possible,
        (5) maintain a position of advantage over the subject whenever
       possible,
        (6) assess and continue to reassess the situation,
        (7) work as a well-coordinated team with other personnel on the
       scene,
        (8) have one individual designated as the contact officer
      (communicator with the subject),
        (9) designate cover officer(s) to keep the scene safe and contained,
       (10) isolate the subject to prevent others from being in harm’s way,
       (11) have an initial plan devised but be ready to shift with a backup
      plan in a moment’s notice should the initial plan fail, and
       (12) intervene only if there is an immediate threat.

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Note: The Canton Police Department fully recognizes that there are
                    those times where a subject may not be amendable to the
                   aforementioned ICAT principles or the subject may become assaultive
                  toward the officer(s) and/or others with a dangerous weapon. In these
                      situations ICAT does not prevent an officer from using a justified use
                      of force option - to include lethal force- if the situation warrants
                      especially if a firearm is involved. ICAT principles have been
                   developed to make the option of lethal (deadly) force as a last resort
                 where the officer needs to protect the public or themselves from
                  imminent danger of serious bodily injury or death. 1.1.0

      D. While the force continuum does not change due to a subject’s mental or physical
           status, officers should take this status into account [where the status is known] in
            their approach of the subject in an effort to de- escalate the possibility of a violent
           outburst by the subject.

         Once a mentally disturbed; emotionally disturbed or physically disabled person has
          been controlled, officers should consider whether common restraint tactics may be
         more dangerous to the individual due to the subject’s mental, emotional or physical
            status.

        As with any use of force, officers should always provide an immediate medical
          response to individuals who are exhibiting signs or complaining of injury or illness
          following a use of force. 1.1.5

VI.  PARAMETERS FOR THE USE OF LESS LETHAL FORCE 1.1.0

The use of intermediate force options, also referred to as less lethal force, have the potential for
lethality. The application of less lethal force by a police officer in the performance of their duty
will generally be limited to defensive situations where it is necessary;

   A.     In self-defense, or defense of another, against unlawful violence or attack to his
           person or property; or 1.1.4
   B.    To preserve the peace, prevent the commission of offenses, or prevent suicide or self-
            inflicted injury. 1.1.4
   C.    To apprehend or subdue a person in a reasonable and balanced manner who actively
             resists arrest or lawful detention.

VII.  PROCEDURES: LESS LETHAL FORCE

A.    Only issued or approved equipment will be carried on duty and used when applying any
        level of less lethal force. 1.1.4

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B.    Use of restraining devices is mandatory on all detainees, unless in the officer's judgment
       unusual circumstances exist which make the use of restraining devices impossible or
       unnecessary (e.g., detainee is handicapped, etc.). The mere placing of handcuffs on a
       detainee will not be construed to be a use of physical force. 1.1.4

C.    The use of neck restraints or control techniques, commonly known as choke holds,
      have a potential for serious injury therefore are not authorized. A law enforcement
        officer  shall not use a chokehold unless the circumstance(s) surrounding the
       situation justifying the use of force are extreme such that they warrant the use of
      deadly (lethal) force and no other reasonable alternative was available. As always,
      deadly force shall be used as a last resort in an attempt to save your life or the life of
      someone else when there is an imminent threat of death or grievous bodily injury. A
      law enforcement officer shall not be trained to use a lateral vascular neck restraint,
       carotid restraint or other action that involves the placement of any part of law
      enforcement officer’s body on or around a person’s neck in a manner that limits the
       person’s breathing or blood flow.1.1.1; 1.1.4; UOF-05

E.     After any level of less lethal force is used, the officer shall immediately evaluate the
      need for medical attention or treatment for that person upon whom the force was
      used and arrange for such treatment when: 1.1.5

                1.    That person has a visible injury; or,

                2.    That person complains of injury or discomfort and requests medical
                      attention.

              NOTE: Any person requesting and/or deemed in need of
                  immediate medical attention shall be transported by ambulance
                       (in accordance with departmental transportation procedures)
                      to the nearest available emergency treatment center or hospital.
                     All medical treatment received shall be noted in the officer's report.

E.    The officer shall promptly notify his immediate supervisor of the incident.

F.    The  officer  shall attempt  to  locate and  identify  all  witnesses, documenting  their
       statements.

G.    The officer shall prepare and submit all required reports including a Canton Police Use of
       Force sheet.  If more than one officer is involved in a use of force incident resulting in an
        injury, each officer shall complete a separate report outlining his actions and observations
        in the incident. 1.1.6

H.    The Patrol Supervisor shall immediately respond to the scene of any incident where,
       as the result of the application of physical force, an officer is injured, or a detainee
      has a visible injury, or complains of injury or discomfort and requests medical
       attention, and he shall: 1.1.5, 1.1.6; 1.1.7; 1.1.14; 1.3.13

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1.    Ensure  that  officers  receive any  necessary  assistance,  including
                   medical treatment, and that any injuries to officers are properly
                  documented. 1.1.5

                2.    Ensure that the need for medical treatment for the detainee  is
                   properly evaluated and provided. 1.1.5

                3.     Determine  if a detective should respond to the scene and the level of
                       investigative services to be utilized (including photographs, measurements
                   and diagrams). If an injury or complaint of pain exists, supervisors are
                    encouraged to obtain photographs.

               NOTE: A photograph showing no injury may be as important as one,
                  which shows injury.

                4.     Report the incident and his observations to the Officer in Charge (OIC) at
                      Police Headquarters.

                5.     Supervisors are required to file an After Action Report (AAR) whenever
                     requested  to do  so by  an  officer  superior  to  them.  Additionally,
                      supervisors are required to file an AAR for Taser deployment or if an
                        officer was involved in a vehicle pursuit. An exception to this rule would
                    only be  if the supervisor was directly involved in the incident, which
                  would require another superior officer to file the AAR (Taser deployment
                      or vehicle pursuit). 1.1.6; 1.1.7

                6.     All Officers-in-Charge, subordinate supervisors and the Internal Affairs
                     Supervisor or designee  will conduct a written review of  all  reports
                    concerning each  incident where  less-lethal  or  lethal  force has been
                         utilized. 1.1.6; 1.1.7

                7.    The  Internal  Affairs  Supervisor  or  designated  Lieutenant  shall  also
                    conduct an annual audit of all Use of Force Reports and After Action
                    Reports (firearms, defensive weapons, Taser, pursuits etc.) which may
                       indicate additional or improved training methods, policy modifications
                   and or equipment upgrades. These reports are stored in a locked  file
                      cabinet is the Lieutenant’s office. 1.1.6; 1.1.7; 1.1.14

XIII. LESS LETHAL WEAPONS 1.1.4

A.     All officers shall be properly trained and certified when appropriate, in the use of any less
        lethal weapons (such as the Chemical substances, expandable, straight or flexible baton,
       or Taser) including any new type of lethal or less lethal weapon, before being authorized
        to carry such weapons. This is to include the documented issuance of applicable policies
      and documented instructions on the policies. K-9 handlers are specially trained in the use
      and deployment of a K-9.  1.1.4, 1.1.10; 1.1.13

B.    Chemical Substances. (OC Spray) or Taser Deployment 1.1.0

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1.     Chemical substances or a Taser may be used when physical force  is
       necessary to: 1.1.0

         a.      Protect an officer or other person from an assault;

        b.    Subdue a person who actively resists arrest; or Control persons
             engaged in riotous or violent conduct.

         c.     Control persons engaged in riotous or violent conduct.

2.       It is preferred that chemical substances or a Taser not be used if resistance
         is minor and not hazardous, or if a lesser degree of force would reasonably
       achieve the same end. Officers should issue a verbal warning and allow a
       reasonable amount of time for response unless a warning could endanger
       the officer or others.

     NOTE: No tactical advantage is realized by indiscriminate use of chemical
              substances  a  Taser  or any  less  lethal weapon  against  non-
             combative persons.

3.     Chemical substances or a Taser are not intended to be a substitute for
       other weapons in situations in which the use of other weapons is more
       appropriate.

4.     Absent exceptional circumstances, officers shall not use OC spray on
        children, pregnant women and elderly persons, or for the sole purpose of
       protecting property.

4.    The officer involved will file the appropriate reports, including a Canton
      Police Use  of Force  sheet, whenever  a  chemical  substance  is
      employed. A supervisor must  file an After Action Report after Taser
       deployment. 1.1.6

5.    When a chemical substance is used, it should be aimed at the subject’s
       face and upper torso. Officers are required to utilize only two (2), one
      second bursts from at least 3 feet away from the subject unless
       exceptional circumstances require otherwise. Each deployment of OC
      spray must be justifiable. First aid shall be administered as soon as
       practicable under the circumstances. Upon arrival at Police
      Headquarters the subject shall be given the opportunity to wash with
     warm water. Officers shall transport sprayed subjects to the hospital
       for treatment when they complain of continued effects after
      decontamination or they indicate that they have a pre-existing
      medical condition (e.g., asthma, emphysema, bronchitis, heart
       ailment, etc.) that may be aggravated by the application of OC spray.
        It is mandatory after Taser deployment to transport the subject by
      ambulance to a medical facility for probe removal. 1.1.5

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6.    The use of OC Spray is not authorized for non-violent behavior or when
                    handcuffed unless a threat to the officer or others exists.

                7.    Once handcuffed a contaminated subject should not be placed faced down
                   due to the risk of positional asphyxia. Officers shall monitor handcuffed
                       subjects.

Police Batons: Expandable Baton (ASP), PR-24, Straight Baton

                1.    The Police Expandable Baton, PR-24 or the straight baton may be used:
                      1.1.0

                          a.    As  a  restraining  or  come-along  tool  in  instances  where
                              verbalization and physical strength have failed or would obviously
                         be futile;

                        b.    As a defensive weapon to ward off blows;

                          c.    As a defensive weapon to deliver disabling blows to non-vital
                             areas of the body as a means to halt or deter a subject when all
                                lesser means of applying defensive force have failed or would
                           obviously be futile. An officer is justified in using this type of
                             force under the following circumstances:

                                             i.    To overcome the violent resistance of an arrestee;

                                             ii.    To overcome an assault on an officer or a third party;

                                            iii.   To deter persons engaged in riotous or violent conduct.

                1. Any time the police baton is used to strike a person or a subject is injured
              when applying a takedown or come-along hold medical treatment shall be
                 provided and Use of Force report must be completed. 1.1.5

                2.  For guidance on the use of the baton please refer to the MPTC / Monadnock
                   chart below  for appropriate  striking areas and  descriptions of “Green,”
                 “Yellow,” and “Red” target areas. 1.1.4

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seh)
            Escalation of Trauma By Vital
         And Vulnerable Striking Areas

                                           Temple      (1                      Hollow behind
                                                                                   Ear (16)                                          Eyes (3)
                      Bridge of
                    Nose (4)~            Upper Jaw (5)
           Lower Jaw                                       (7)       Upper Arm
           Collarbone                                                                         Shoulder
                                              Shoulder     Kidney (18)                      Blade (17)
                                                                                             ~Rib Ca
                                                       Solar
                                                 Plexus (9)    wrist (21)

                                                    Rib Cage

             Lower
            Abdomen (10)
           Knee Joint (12)

                                Groin (11)

            STRIKING AREAS

                  REASONING               REASONING              REASONING
                   Ninenal levelof resuRant trauma.    Moderate  to  serious   level  of    Highest level of resultant trauma.
                           tends  to  be  temporary     resultant trauma.       tends to            tends   to  range  from
                       rather than long-lasting, however     be more long-lasting, but may        serous  to  long-lasting  rather
                           can                   be temporary.                       than temporary and may include
                                                                                       unconsciousness,         bodily
                    Except  for  the  HEAD,  NECK,                                                     injury, shock or death.
                    SPINE, the whole body is a Green
                     Target Area for the apphcation of
                    baton blocking and restraint sills.

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LETHAL FORCE: GENERAL CONSIDERATIONS AND
    GUIDELINES

The purpose of the following section is to set forth guidelines for members of this Department in
making decisions regarding the use of Lethal Force. The guidelines have been developed with
serious consideration for the safety of both the police officers and the public, and with the
knowledge that officers must sometimes make split second decisions in life and death situations.

The value of human life is immeasurable in our society.  This Department places its highest
value on the sanctity of life, the safety of its officers and the public. The Department's policies
and procedures are designed to ensure that this value guides police officers in their use of lethal
force.

The citizens of the Commonwealth have vested in their police officers the power to use lethal
force in the exercise of their service to society. Police officers are allowed to use lethal force as
a means of last resort to protect themselves and others from the immediate threat of death or
serious physical injury.  Even though all officers must be prepared to use lethal force when
necessary, the basic responsibility of police officers to protect life also requires that the utmost
restraint be exercised in its use and that officers exhaust all other reasonable means before
resorting to the use of lethal force. This includes developing the skills to de-escalate volatile
encounters, containing and awaiting assistance, and avoiding poor tactics which may create the
need to use lethal force.

LETHAL FORCE. Lethal Force as used in this policy is defined as that degree of force, which a
reasonable and prudent officer would consider likely to cause death or serious physical injury.
This may include red zone strikes with batons. The use of a firearm is ALWAYS the use of
lethal force. Lethal Force also referred to as Deadly Force (above) is that degree of force that can
reasonably be expected to cause death or serious physical injury. A law enforcement officer shall
not use deadly force upon a person unless de-escalation tactics have been attempted and failed
or are not feasible based on the totality of the circumstances and such force is necessary to
prevent imminent harm to a person and the amount of force used is proportionate to the threat of
imminent harm. 1.1.0; 1.1.2

X.  PARAMETERS FOR THE USE OF LETHAL FORCE 1.1.0

A member of this Department is authorized to use lethal force only when there is no viable
alternative available to:

   A. Defend himself or another from unlawful attack which he reasonably perceives as an
      immediate threat of death or serious physical injury;
                      OR
   B. Effect an arrest, only when:

                1.    The arrest is for a felony; and

                2.    The officer reasonably believes that:

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a.    The  force employed  creates no  substantial  risk  of  injury  to
                            innocent persons; and

                        b.    The crime for which the arrest is made involved the use or
                         attempted use, or threatened use of lethal force; and

                          c.     There is substantial risk that the person to be arrested will
                          cause death or serious physical injury if his apprehension is
                           delayed.

   C. Where practical and if time and circumstances permit, officers shall verbally
       identify themselves as police officers and give some warning before using deadly
       force.

                  * Warning shots are strictly prohibited. 1.1.3

XI.  FIREARMS PROCEDURES

A.     Police Officers receive academy firearms training, and annual in-service thereafter,
       prior to being issued firearms for self-protection and for the protection of the
       public.

B.   A police officer is authorized to use a firearm to:

                1.      Protect himself or others from what he reasonably believes to be an
                   immediate threat of death or serious physical injury; or
                2.    To prevent the escape and effect the arrest of an individual whom the
                        officer has probable cause to believe has committed a felony involving the
                       use, attempted use or threatened use of lethal force and whom the officer
                     reasonably  believes  will  cause  death  or  serious  physical  injury  if
                    apprehension is delayed, in accordance with the conditions set forth in
                     Section X, "Parameters for the Use of Deadly Force."

C.    In the event that the use of Lethal Force becomes necessary, the officer shall
      immediately render appropriate medical aid for that person upon whom the force
      was used, activate the EMS System and arrange for transportation to the hospital
       for further treatment as necessary. 1.1.5

               NOTE: Any person requesting and/or deemed in need of
                   immediate medical attention shall be transported by ambulance (in
                    accordance with departmental transportation procedures)
                       to the nearest available emergency treatment center or
                        hospital. All medical treatment received shall be noted in
                      the officer's report. 1.1.5

                         1.) The officer shall promptly notify his immediate supervisor of the
                          incident who shall respond and take control of the initial investigation.

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2.)    The officer shall prepare and submit  all required reports including a
                Canton Police Use of Force Report. If more than one officer is
                     involved in a lethal force incident, each officer shall complete a separate
                       report outlining his actions and observations in the incident. 1.1.6

                 3.)    Ensure that officers receive any necessary assistance, including medical
                      treatment, and that any injuries to officers are properly documented. 1.1.5

                 4.)    Ensure that the need for medical treatment for the detainee is properly
                     evaluated and provided. 1.1.5

                 5.)    Determine  if a detective should respond to the scene and the level of
                       investigative services to be utilized (including photographs, measurements
                   and diagrams).  If an injury or complaint of pain exists, supervisors are
                    encouraged to obtain photographs.

               NOTE: A photograph showing no injury may be as important as one which
                  shows injury.

                 6.)    The supervisor will file a report on the incident and his observations with
                      the Officer in Charge (OIC) at Police Headquarters.1.1.6

D.    A  police  officer  may  discharge  an  issued  Department  weapon  under  the
         following circumstances: 1.1.0

                1.    At an approved firearms range for authorized training, target practice or
                     competition, with weapons authorized by the Department.

                2.    To destroy a dangerous animal or an animal so badly injured that it should
                   be destroyed to prevent further suffering.  All other options shall be
                     exhausted, however, before shooting the animal.

                          a.      Officers who  find  it necessary  to  discharge  firearms  in  this
                               situation shall exercise due care for the safety of persons and
                            property in the area and shall fire only when reasonably certain
                                that there is no substantial risk to bystanders.

                        b.    Where feasible, children should not be present.

                          c.        It will not be necessary to complete a Canton Police Use of
                       Force Report when  a  badly  injured  animal  is  destroyed.
                         However, the officer shall submit a Firearm Discharge Report
                           according to current departmental procedures. 1.1.6

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E.    Warning Shots

            Because of the danger of unintentional death or injury, warning
              shots are strictly prohibited. 1.1.3

F.     Signaling Devices

              Firearms shall not be used as signaling devices or to summon assistance. 1.1.3

G.    Moving Vehicles [Also See Policy No. 1.04 Vehicular Pursuit] 1.1.2

                1.   A law enforcement officer shall not discharge any firearm into or at a
                      fleeing  motor  vehicle  unless,  based  on  the   totality  of  the
                    circumstances, such discharge is necessary to prevent imminent harm
                      to a person and the discharge  is proportionate to the threat of
                  imminent harm to a person. UOF-07

                2.     Discharging a firearm at a moving vehicle by an officer is prohibited,
                     except to defend themselves or another when the occupants of the vehicle
                      are employing deadly force, which the officer reasonably perceives as an
                   immediate threat of death or serious physical injury to themselves or
                      another, and the officer reasonably believes that they will not endanger
                     innocent persons. It is imperative that officers not position themselves
                      in such a way as to create a likelihood of being struck by an occupied
                     vehicle (e.g., surrounding a vehicle at close proximity while dismounted).

               NOTE: Therefore, shooting at a fleeing vehicle or a vehicle that is
                          going away from the officer and is no longer an immediate
                            threat is prohibited. Under such circumstances, officers should
                         be aware of the potential inability of a bullet to penetrate the metal
                             or glass surfaces of an automobile and the likelihood of ricocheting
                               bullets causing injury to innocent persons.

                3.      Firing strictly to disable a vehicle is prohibited.

           4  In every incident, the officer shall take into account the location of vehicular
               and pedestrian traffic and the potential hazard to innocent persons.

                5.  Firearms shall not be utilized when the circumstances do not provide a high
                   probability of stopping or striking the intended  target, or when there  is
                   substantial risk to the safety of other persons, including risks associated with
                  vehicle accidents.

                6.  Every precaution shall be taken to ensure the safety of the general public in
                  the vicinity.

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H.    Drawing or Displaying

          An officer shall avoid the unnecessary display of firearms and not draw a firearm
              except when there  is justification for  its use to accomplish a proper police
              purpose.  However, in responding to any potentially dangerous situation (e.g.,
              searching a building pursuant to a burglar alarm or approaching a business
              establishment on a report of a robbery in progress etc.) the officer should carry
                their firearm in a position that will facilitate its speedy, effective, and safe use.
               Officers shall not point firearms at persons in circumstances, which are clearly
                unjustifiable. In the event  it is necessary to point a firearm at a subject,
               officers shall note justification for the use of force within a Canton Police
          Use of Force Report. 1.1.6

I.      Permissible Weapons and Ammunition

        1.     Only weapons and ammunition authorized by the Canton Police Department will
             be used by agency personnel in the performance of their responsibilities (listed in
            “Appendix A” of this policy) while on duty. 1.1.9

        2.     The Standard service firearms, less lethal weapons, and ammunitions issued by the
             Canton Police Department are: 1.1.9

           A) Glock Model 21 / .45 caliber semi-automatic pistol.

            B) Glock Model 45/ 9mm semi-automatic pistol

            C) Glock Model 30 / .45 caliber semi-automatic pistol.

           D) Sabre Red Oleoresin Capsicum Spray with 10% Oleoresin Capsicum.

             E) Expandable baton with a maximum length of 28 inches.

              F) Controlled Electronic Weapon X26 or X26P made by Taser.

            G) Bushmaster .223 AR-15 Tactical rifle (American Eagle .223 REM, 55 grain FMJ)

          NOTE: Officers shall carry their issued weapon while on duty unless authorized
            by the Chief of Police to carry a different weapon. If an officer receives
               authorization from the Chief of Police to carry a different weapon they must
               qualify with that weapon annually.

        2.    An officer shall not alter or modify his firearm or ammunition in any way
             without the express permission of the Chief of Police.

          NOTE: Under Massachusetts General Laws, a police officer is authorized to carry
             an issued or authorized firearm at all times when on duty and may carry such
              firearm while off duty within the Commonwealth of Massachusetts. If an officer

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elects to carry their duty weapon while off duty, they must also carry their official
               police identification.

J.    Members of the department shall take all reasonable precautions to ensure that weapons
       issued to them by the department are properly stored, protected from loss, misuse, or
         theft. 1.1.9

K.     Officers are responsible for keeping their issued weapons clean and in good working
        order. A weapon, which malfunctions, shall be returned to the department Armorer
       forthwith for the necessary repairs. 1.1.9

L.     Training and Qualification

            1.  All personnel authorized to carry a Department issued weapon shall qualify with
                their issued weapon and any other weapon they are authorized to carry while on
             duty at least annually. 1.1.10, 1.1.11 b; 1.1.12; 16.3.6

            2.  All approved lethal weapons and ECD Taser proficiency qualifications shall
            be under the direction of the department's Training Coordinator and
               certified
            Municipal Police Training Committee (MPTC) weapons and tactics
               instructors.
               1.1.9; 1.1.11 a; 16.3.6

            3.  Following a reasonable period of practice and training, all officers will be
             expected to qualify in accordance with the standards established by the MPTC.

            4. Only Officers demonstrating proficiency in the use of Department issued
            weapons will be authorized to carry or use those weapons. Officers who fail to
               qualify with any issued weapon or special weapon shall not be authorized to carry
              or use that weapon. 1.1.10, 1.1.11; 1.1.12

            5. Any officer who requires additional training instruction will be given reasonable
            amount of time to demonstrate proficiency while removed from line duty
             assignment and assigned to administrative duty.  If it becomes necessary, the
               Officer will be sent to remedial firearms training until such time as he/she
               successfully passes the MPTC qualification course. 1.1.11; 1.1.12

            6.  Qualification and proficiency shall include an inspection of any firearm used by
               the officer to ensure that it is in good working condition.

          7. No member of this Department will be authorized to carry lethal or less lethal
            weapon until he has: 1.1.12; 16.3.6

                          a.    Been issued a copy of this Use of Force Policy, and received
                                instruction.

                        b.     Qualified at the range with a minimum passing score of 80%.

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c.     Each member (full & part-time) shall sign a receipt indicating that
                                   he/she has received a copy of this Canton Police Department Use
                                    of Force Policy, which shall be maintained by the instructor and
                                   Training Coordinator. Instruction and review of this policy will be
                                 conducted at least once a year. 1.1.11; 1.1.12; 16.3.6

                    8.  All weapons qualification records and officer scores shall be documented and
                    maintained by the Training division. 1.1.11

                    9.  Prior to the issuance of any weapons to employee the Department Armorer shall
                     review, inspect and approve each individual weapon.   If any malfunctions or
                      defects are found or if the weapon is found to be unsafe in any manner, the
                      deficiency  shall  either be  rectified or the weapon  shall be returned  to the
                    manufacturer for a replacement weapon. 1.1.9

                  10. The Department shall maintain a log for each weapon that is owned by the Canton
                      Police Department. This log should  list the make, model, serial number that
                       indicates that it is a safe weapon. A centralized file shall also be maintained by
                      the Training division documenting the make, model and serial numbers of the
                      issued duty weapons to each member of the department. 1.1.9

                  11. Training and/or  testing  in defensive  tactics  will be required by  all agency
                     personnel every two years (biennially) and will include not only less lethal
                   weapons,  but  weaponless  control  techniques  (come-a-longs,  take-down
                      techniques, handcuffing, etc.).  This training/testing is to be documented and
                    monitored by a Certified Instructor (MPTC or other). Remedial training will be
                    provided for those employees who are unable to qualify with an authorized
                 weapon prior to resuming official duties.  1.1.12 (A-C)

       Unless prohibited to do so by the Chief of Police, members of the Canton Police Department are
       authorized to carry their department-issued weapon and ammunition while off duty. Due to the high
        level of on-going training with the department issued firearm, all members are authorized to carry their
       department issued firearm in the authorized holster while off duty. This policy shall not be interpreted as
        restricting any member who possesses a valid “License to Carry A Firearm” from carrying any firearm
       under conditions of law while off duty.

THE USE OF A PERSONAL FIREARM BY AN OFF-DUTY OFFICER FOR ANY LAWFUL AND
APPROPRIATE PURPOSE SHALL NOT IN AND OF ITSELF BE CONSIDERED A GROSSLY
NEGLIGENT ACT, AND SHALL NOT IN AND OF ITSELF BE CAUSE FOR LOSS OF PERSONAL
INDEMNIFICATION BY SUCH OFFICER.

18.   USE OF ALL FIREARMS OFF DUTY:

      The policies and procedures contained in this chapter shall apply to the use of firearms regardless of the
        officer’s duty status. It is the policy of the Canton Police Department to authorize Canton Police

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Officers to carry and possess issued or approved firearms and ammunition, and other such weapons
authorized by the Chief of Police, whether on or off duty. This authority, granted by the Chief of Police
under G.L. c. 41s 98, is strictly limited to the following conditions and with the following restrictions.
1.1.9

A. If an officer becomes legally disqualified from possessing a firearm or license to carry, by virtue of
an abuse prevention order or any other means; he shall immediately notify the on-duty commanding
officer. He shall comply with any lawful request from another law enforcement agency, relating to the
surrender of any department issued firearm.

B. Should any situation, event, or condition arise which affects an officer’s ability, fitness, or suitability
including to safely carry or possess a firearm, the officer must immediately report such situation to the
on-duty Superior officer. When necessary, the Superior officer will make arrangements to have
department-issued firearm(s) secured. Additionally, the officer will be required to surrender any License
to Carry, firearms they may possess, and or personal firearms they possess at the request of the Chief or
his representative.

C. Officer’s must comply with the safe storage requirements of G.L. c. 140 s.131L. When not  under
the officer’s immediate control, all firearms must be secured and safely stored. 1.1.9

A. Members of the Canton Police Department shall take all reasonable precautions to ensure that
   weapons issued to them by the department are protected from loss, misuse, or theft. Members of The
   Canton Police Department shall forthwith notify the on-duty shift supervisor of any loss, theft, or
    stolen firearm.

B. Follow all the provisions of this policy when carrying the issued weapon off duty.

C. Notify the lieutenant in charge of Firearms in writing of any loss of the issued weapon.

D. The authority to carry or possess issued or authorized weapons by The Canton Police Department
   may be immediately revoked upon an officer’s suspension, discharge, or termination. Any
   department issued firearms, License to Carry (LTC) and Firearms Identification Card (FID) must be
   surrendered to The Canton Police Department, the department where it was issued will be notified.

E. Unless authorized by the department otherwise, when carrying issued firearms, officers must carry a
   badge and police identification card.

F. Except for demonstration purposes at the Police Departments Firearms Range, officers shall not
   allow any non-police personnel to carry, shoot, or possess any department issued firearms or pepper
    spray.

G. Officer’s shall carry issued or approved handguns only in a suitable retention holster approved by a
   Canton Police department Firearms Instructor, of safe construction, and in good repair, so as to
   maintain control over the handgun and prevent its loss or accidental discharge.

H. Personnel assigned to The Firearms Training Unit, Metrolec Teams, and CIU may possess weapons
    in addition to the duty firearm, so long as such carrying, transportation, use, and possession is related
    to official duty and otherwise complies with all other department policies, procedures, rules, and
    regulations.  1.1.9

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I.  All other department policies, procedures, rules, and regulations apply to the off duty carrying,
    possession, use, and storage of issued firearms. This includes provisions relating to use of force and
    modifications to firearms.  1.1.10

               Officers are reminded that their license to carry applies only to
               Massachusetts. Carrying a firearm in or through any other state is subject to that
                  state's laws and local ordinances. (Note: H.R. 218 allows police officers & retired
               police officers to carry out of state with their police identification.)

XII. PLANNED MASS DEMONSTRATIONS: SEE POLICY NO. 7.01
            UOF-08  46.1.12

            a. When a police department has advance knowledge of a planned mass
             demonstration, it shall attempt in good faith to communicate with organizers of
               the event to discuss logistical plans, strategies to avoid conflict and potential
             communication needs between police and event participants. 46.1.12 (2)

           b. The department shall make plans to avoid and de-escalate potential conflicts and
              designate an officer in charge of de-escalation planning and communication about
               the plans within the department. 46.1.2 (3,4)

             c. A law enforcement officer shall not discharge or order the discharge of tear gas or
            any other chemical weapon, discharge or order the discharge of rubber pellets
            from a propulsion device or release or order the release of a dog to control or
               influence a person’s behavior unless: 46.1.2 (5)

                      1.      de-escalation tactics have been attempted and failed or are not
                             feasible based on the totality of the circumstances; and
                      2.      the measures used are necessary to prevent imminent harm and the
                           foreseeable harm inflicted by the tear gas or other chemical weapon,
                          rubber pellets or dog is proportionate to the threat of imminent harm.
                      3.       If a law enforcement officer utilizes or orders the use of tear gas or
                       any other chemical weapon, rubber pellets or a dog against a crowd,
                            the law enforcement officer’s appointing agency shall file a
                         report with the Massachusetts Peace Officer Standards and
                          Training Commission (“POST”) detailing all measures that were
                          taken in advance of the event to reduce the probability of disorder
                       and all de-escalation tactics and other measures that were taken at
                            the time of the event to de-escalate tensions and avoid the necessity
                           of using the tear gas or other chemical weapon, rubber pellets or dog.

           d. The Massachusetts Peace Officer Standards and Training Commission (“POST”)
                shall review the report and may make any additional investigation. After such
             review and investigation, the commission shall, if applicable, make a finding as to
             whether the pre-event and contemporaneous de-escalation tactics were adequate

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and whether the use of or order to use such tear gas or other chemical weapon,
              rubber pellets or dog was justified.46.1.12 (6)

             e.  Training on response to crowd control will be conducted every two years
             mandatory for each sworn employee. 46.1.12 (7)

XIII. SPECIAL WEAPONS 1.1.0

     When not carried in the locked rack in the patrol vehicle, special weapons will only be
        issued, with the knowledge and permission of the Officer in Charge of the police station,
        to officers who have qualified with them.

                1.     All officers authorized to use any of the Department's special weapons,
                    such as shotguns, will qualify with the weapon(s) they are authorized to
                       use, in accordance with the standards established by the Municipal Police
                     Training Committee (MPTC), the manufacturer, or the Department's
                 Weapons and Tactics Instructor, at least annually. 1.1.9

                2.   A listing of all officers who have qualified with each special weapon will
                   be maintained by the Training Coordinator.

   B.     Special weapons may be selectively issued by the Officer in Charge of the police
            station if, in his opinion, they are necessary to ensure the safety and effectiveness of
           police operations. Officers armed with special weapons in such circumstances shall
          use those weapons in accordance with the provisions of applicable departmental
            policies and procedures as well as any additional guidelines issued at the time.
   C.
           Prior to issuing any special weapon, the Officer in Charge of the police station shall
           inquire of any officer to whom he intends to issue the weapon whether or not that
            officer is currently qualified in its use.  It is the responsibility of a police officer not to
           accept a special weapon unless he is qualified in its use.

XIV. ADMINISTRATIVE RELIEF FROM DUTY DUE TO THE USE OF
LETHAL FORCE 1.1.8

A.     In every instance in which any employee, sworn or civilian, acting in an official capacity
       uses lethal force or their action(s) has resulted in death or serious physical injury to
       another person, the following steps shall be taken:

                1.    Any employee whose action(s) or use of force in an official capacity
                        results in death or serious physical injury will be removed from line-duty
                    assignment (non-discretionary), pending an administrative review of the
                      incident by a supervisor or other individual not directly involved in the
                      incident or such other period of time as the Chief of Police deems
                      necessary. 1.1.8

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2  The involved employee will be given the opportunity to call his family as
                      soon as possible to avoid the possibility of their learning about the incident
                        through other than official sources, e.g., press, radio, television, etc.

                        3.    The employee shall not be allowed to talk to the press.  All information
                            regarding the incident will be disseminated through the office of the Chief
                             of Police or the Public Information Officer.

       B.    Assignment to Administrative Leave status shall be with no loss of pay or benefits.

       C.     Relief from duty with full pay and benefits is intended to serve two purposes:

                        1.    To address the personal and emotional needs of an employee and his/her
                           involved in the use of lethal force which results in injury or death; and
                        2.    To assure the community that verification of all the facts surrounding such
                              incidents are fully and professionally explored.

      D.   An employee so relieved from regular duty status and assigned to an Administrative
            Leave status shall remain on leave until the investigation is concluded and his emotional
             needs have been met.  Officers on Administrative Leave shall assure their availability to
               the Department and/or State Police Investigators to  assist, when necessary, in the
               investigation of the incident.

         D. Whenever an employee is involved in the use of lethal force incident that results in death
              or serious injury the Chief of Police or his designee will make arrangements for stress
              counseling or any appropriate psychological assistance provider for the employee/officer
            and members of his or her immediate family, authorized by the Chief of Police. (see
              Policy # 1.02, Post Shooting incident Procedures).

REPORTING THE USE OF FORCE:  1.1.6

      Whenever a member of the Canton Police Department sworn or civilian, within the course of
        his/her duty, takes an action that results in, or is alleged to have resulted in, injury or death of
       another person; and/or the officer applies force through the use of non-lethal weapons, he/she
        will file a written report of the incident. Under most circumstances this report will be submitted
      when deemed necessary by the Chief of Police.

    A Canton Police Department Firearm Discharge Report or Use of Force Report and a
      supplemental report containing a narrative description of the force employed will be
      completed in the following situations. 1.1.6

            When an officer discharges a firearm at an individual, either on or off duty   1.1.6

            When the use of force, including physical force or the use of non-lethal weapons results
               in injury or death, whether on or off duty. 1.1.6

            When a subject complains that an injury has been inflicted as a result of an application of
               force by an officer whether on or off duty. 1.1.6

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  When less-than-lethal weapon is discharged whether on or off duty. 1.1.6

     When an officer has to apply significant physical force against another, whether on or off
       duty. Significant physical force is generally defined as the type of force where injuries do
       occur or are likely to occur. It can include both with a weapon or weaponless. This
       includes the following type of tactics: 1.1.6;1.1.9

           A.    Strikes an individual with the ASP
           B.    Blocking/punching/kicking
           C.   Takedowns
           D.    Striking the suspect
           E.    Wrestling with the suspect
            F.    Prone handcuffing

     Whenever an officer points his/her firearm at a person, whether on or off duty.

     Whenever an officer is injured during the application of force, regardless of the type of
       force employed, whether on or off duty.

     Whenever O.C. Spray is employed, whether on or off duty. 1.1.6

     When an CEW is deployed or pointed at a subject. 1.1.6

THE SUPPLEMENTAL REPORT SHOULD INCLUDE, BUT IS NOT LIMITED TO,
THE FOLLOWING: 1.1.6

            1.  State your perception at the time of the incident based upon your training and
              experience.
            2. Be specific with regard to the force you employed, areas to which it was directed
            and why it was employed in place of other force options.
            3.  Describe the subject’s actions leading up to the use of force and quote the subjects
               statements, directly if possible.
            4.  Indicate the causes for your actions including all reasonable suspicions and
              probable cause.
            5.  Quote your statements/ commands as accurately as possible.
            6. Be chronological
            7.  Describe the totality of the circumstances.
            8.  Include all witness statements.
            9.  Describe all actions after control was achieved.
           10. Describe all post incident medical attention provided to the subject.
           11. List any and all battery/ injury inflicted upon you.
           12. Describe any post incident medical attention provided to you.

A COPY OF THE SUPPLEMENTAL SHALL BE SUBMITTED BY THE OFFICER
FORTHWITH, TO THE ON DUTY SUPERVISOR.

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The Internal Affairs Investigator or designated Lieutenant assigned by the Chief will review,
   each USE OF FORCE REPORT and/or FIREARMS DISCHARGE REPORT to determine
   whether the use of force was in compliance with department policy, rules and procedures. The
    Lieutenant assigned must not have been involved in the incident being reviewed. 1.1.7  In such
    cases, the report(s) will be assigned to another Lieutenant.

  USE OF FORCE YEARLY ANALYSIS/REPORT

   The designated Lieutenant will conduct monthly reviews of all Use of Force reports and prepare
   an annual review of incidents of force.

    In the annual review report, the following data will be documented and reviewed: 1.1.14 (2A-E)
                                      - Date and time of incident
                                      - Type of force or weapon used
                                      - Types of encounters resulting in use of force
                                      - Race, age, and gender of subjects involved
                                      - Injuries (to subjects, agency employees, other involved)

   The report will analyze and review any patterns or trends that may indicate training needs,
   equipment upgrades, and/or policy modifications and determine if any changes need to be made.
    1.1.14 (3,4)

   These findings (written report) will be submitted to the Chief of Police. 1.1.7;1.1.14

                     APPENDEX                    Reviewed: 1/12/2021
                                                         Reviewed & Updated: 11/28/2023

The Standard service firearms and weapons issued by the Canton Police Department are:

   A) Glock Model 21 / .45 caliber semi-automatic pistol. Duty- (Speer Gold Dot .45 Auto p 200 grain
   GDHP). Range- Blazer .45 Auto 230 grain TMJ CF

   B) Glock Model 45/ .9mm semi-automatic pistol. Duty ammunition (Gold Dot .9mm Luger 147 grain
  GDHP)

   C) Glock Model 30 / .45 caliber semi-automatic pistol.
             (Detectives, SRO’S, Lieutenants)

   D) Sabre Red Oleoresin Capsicum Spray with 10% Oleoresin Capsicum.

   E) Expandable baton with a maximum length of 28 inches.

   F) Controlled Electronic Weapon X26 or X26P made by (Taser XP Cartridge 25 feet)

   G) Bushmaster .223 AR-15 Tactical rifle (American Eagle .223 REM, 55 grain FMJ)

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