CHEMICAL AGENT

. The term “force” does not include escorting or handcuffing a person, with no or minimal resistance. Use of force is lawful if it is objectively reasonable under the circumstances and the minimum amount of force that is necessary to effect an arrest or protect the member or other person isused. 304.3 - 4 Authorization 304.3 - 4.1 General

1. Only members who have completed the prescribed training on the use of Departmentissued chemical spray are authorized to use or carry such spray.
2. Only the Department-issued chemical spray is authorized for carrying or use. Members     assigned to patrol or investigative duties shall carry the Department-issued chemical     spray.     304.3 - 4.2 Issuing Chemical Spray
3. Members will be issued one canister of Department-issued chemical spray.
4. The issuing member shall prepare an Inter-Office Memorandum (DPD568) entitled,     “Issuance of Chemical Spray”, to acknowledge the date of receipt of the equipment. The     memorandum shall also include the Department-issued chemical spray canister serial     number. Commanding officers shall ensure that the canister serial number is recorded     in the “remarks” area of the member’s Personnel Data Card (DPD139).
5. Training will conduct training for members in the proper use of Department-issued     chemical spray.     304.3 - 4.3 Quarterly Chemical Spray Device Inspections
6. Each quarter, commanding officers shall ensure that the chemical spray canisters issued     to members of their command are inspected. As the procedure requires a brief discharge     of the canister, the inspection shall be done outside. Supervisors shall conduct the     inspection in the followingmanner:     a. Visually inspect the canister for the expiration date and signs of leakage;     b. Shake the canister toensure that it contains fluid;     c. Compare the weight of the canister being inspected with that of a full one; and     d. Point the canister towards the ground in a safe direction and discharge a one (1)     second burst to ensure that the canister contains sufficient propellant to effectively     disperse the agent.
7. The supervisor conducting the inspection shall submit a Quarterly Inspection Sheet     (DPD790) to their commanding officer documenting theresults.     D E T R O I T P O L I C E D E PA R T M E N T     M A N U A L     Page 3 of 6     2022     304.3 Chemical Spray Device     304.3 - 4.4 Chemical Spray Replacement
8. Members with a defective, expired, or nearly empty canister shall request a replacement     by preparing an Inter-Office Memorandum (DPD568) to Firearms Inventory, including     the depleted canister’s serial number. Upon approval by the member’s commanding     officer, the member shall report to Firearms Inventory with the empty canister and the     approvedmemorandum.
9. Prior to transporting the device to Firearms Inventory, a supervisor shall empty the     canister by spraying it outdoors towards the ground in a safe direction.
   10. Firearms Inventory shall endorse the memorandum with the date of replacement and     the replacement canister serial number. A copy of the Inter-Office Memorandum     (DPD568) shall beforwarded to the member’s commanding officer for placement in the     member’s command personnel file. Commanding officers shall also ensure that the     member’s personnel data card is updated with the replacement canister’s serial number.     Firearms Inventory shall retain the originalmemorandum.     304.3 - 5 Usage Criteria     304.3 - 5.1 General
   11. Department-issued chemical spray may only be used under the following     circumstances when a lesser degree of force is not effective:     a. Self-defense or the defense ofothers;     b. To effect the arrest of a person actively resisting;     c. To restrain a person attempting to flee from custody or to recapture a person who     has been arrested;     d. To prevent a person from injuring a member or another person; or     e. To repel or control attacking or menacing animals.
   12. Department-issued chemical spray may not be used in the following circumstances:     a. To effect the arrest of a person who is only offering verbal or visual cues (e.g. blank     stare, clenched fists, tightening of jaw muscles, etc.) or other forms of inactive     resistance (e.g. not responding to commands);     b. To effect the arrest of a person who is only passively resisting (e.g. going limp,     offering no physical resistance,etc.);     c. Once a subject succumbs, becomes incapacitated, or is restrained; or     d. To threaten or elicit information from a person.
   13. If possible, avoid using Department-issued chemical spray on persons who appear to     be in frail health, young children, women believed to be pregnant or persons with known     respiratory conditions.
   14. If possible, obtain the prior approval of a supervisor any time chemical spray is used     against a crowd.     D E T R O I T P O L I C E D E PA R T M E N T     M A N U A L     Page 4 of 6     2022     304.3 Chemical Spray Device
   15. If possible, avoid using Department-issued chemical spray on a subject in a crowded     area where non-involved persons are likely to becontaminated.
   16. Any use of chemical spray must comply with the Department’s Manual Directive 304.2,     Use of Force. Members are reminded that use of force is only authorized when it is     objectively reasonable and for a lawfulpurpose.     304.3 - 5.2 Verbal Commands
   17. A verbal warning and a reasonable time to allow the subject to comply must be given     prior to the use of chemical spray, unless such warning would present a danger to the     member or others. If a verbal warning cannot be given, the reason shall be documented     on the member’s Use of Force Report(UF-002).
   18. Giving verbal commands before, during, and after the application of chemical spray is     important in order to de-escalate the situation and gain compliance and control of an     actively resisting or actively aggressivesubject.
   19. Once the spray is used, commands must be given to direct the subject (e.g. “Kneel down     on the ground,” “Put your hands behind your back,” or “Stop resisting arrest”).
   20. After resistance has ceased, members shall make an effort to reassure the subject that     decontamination for the spray application isforthcoming.     304.3 - 5.3 Department-Issued Chemical Spray – Application Techniques
   21. A one (1) or two (2) second burst of the Department-issued chemical spray should be     directed to the nose/moutharea.
   22. Direct discharge into the eyes should beavoided.
   23. Except in an emergency situation, do not discharge Department-issued chemical spray     when closer than three (3) feet from the subject because of the increased risk for selfcontamination, or contamination of other members atthe scene.
   24. An additional burst may be used if the initial burst proves ineffective. Allow a brief time     for the chemical to take affect before an additional burst. Be prepared to take other     appropriate action should the agent fail tobe effective.
   25. Members shall not discharge the Department-issued chemical spray into or near an     open flame.     304.3 - 6 Exposure to Chemical Spray and Member     Response
   26. Within several seconds of being sprayed by chemical spray, a subject will normally     display symptoms of temporary blindness, have difficulty breathing, burning sensation     in the throat, nausea, lung pain and/or impaired thought processes.
   27. The effects of chemical spray vary among individuals. Therefore, all subjects shall be     handcuffed as soon as possible after being sprayed. Members should also be prepared     to employ other means to control the subject including, if necessary, other force options     consistent with Department policy if the subject cannot be subdued     D E T R O I T P O L I C E D E PA R T M E N T     M A N U A L     Page 5 of 6     2022     304.3 Chemical Spray Device     (Refer to Manual Directive 304.2, Use of Force, and Training Directive 04-3, Use of     Force Continuum).
   28. Whenever a subject is affected by chemical spray, members shall:     a. Ensure that the subject is properly restrained or no longer poses an immediate threat     to the safety of members orothers;     b. If a subject displays breathing difficulties, gagging, profuse sweating, loss of     consciousness, or any other indication that medical attention is needed, members     shall immediately request EMS;     c. Subjects affected by chemical spray shall be monitored continuously for indications     of medical problems and shall not be left alone while in police custody. Members     shall render first aid and request EMS, if needed, in the event that an innocent     person is inadvertently sprayed or exposed to a chemical spray;     d. Move the person to an area that provides fresh air and direct the person’s face into     the wind;     e. Transport the person with vehicle windows partially lowered to ensure adequate     ventilation;     f. Provide assurance to subjects who were sprayed that the effects are temporary,     encourage them to relax and not rub the affected area;     g. Do not allow the application of salves or creams to the affected area as they will trap     the chemical agent against the skin and cause burning;     h. Afford the subject the opportunity to flush the exposed area (at the nearest precinct)     with plenty of cold water within twenty (20) minutes of application of spray or     apprehension; and     i. Instruct individuals wearing contact lenses to remove the lenses as soon as possible.
   29. If a person complains of continued effects after having been decontaminated, or they     indicate that they have a pre-existing medical condition ( e.g. asthma, emphysema,     bronchitis, or heart ailment) that may be aggravated by a chemical spray, the person     shall immediately be conveyed to an approved medical facility for medical treatment.     304.3 - 7 Reporting Requirements
   30. Members shall immediately notify dispatch and request a supervisor to respond to the     scene for the following:     a. Any use of force or detainee injury;     b. Any visible sign of injury;or     c. A complaint of injury.
   31. Members shall refer to Manual Directive 201.11, Use of Force/Detainee Injury     Reporting/Investigation and Manual Directive 304.2, Use of Force, for proper reporting     requirements.     D E T R O I T P O L I C E D E PA R T M E N T     M A N U A L     Page 6 of 6     2022     304.3 Chemical Spray Device     304.3 - 7.1 Use of Force Report
   32. A Use of Force Report shall be completed following all discharges of chemical spray     except during testing, training, malfunction oraccidental discharge.
   33. Officers shall document the time the subject was sprayed and the time the subject was     afforded the opportunity to flush the exposed area with water.
   34. All Use of Force Reports shall specify the actions of the subject that necessitated the     use of force, the reasons why the officer used force, any complaints of injury, medical     treatment received, or refusal of medicaltreatment.
   35. The Use of Force Report shall be submitted as soon as possible following the incident     but prior to the end of his or her tour of duty. [Refer to Directive 201.11 (Use of Force     Reporting)] for complete use of force reporting and/or investigativerequirements.     304.3 - 8 Canada     Canadian law does not allow members of the DPD to legally carry chemical spray devices     when visiting Canada. As a courtesy to this department, the U.S. Customs Service will     accept a member’s chemical spray for safekeeping before entering Canada.