Policy Text
1
SPECIALTY IMPACT M
UNITIONS
Introduction
The purpose of this Training Bulletin is to pr ovide members with gui delines on the use of
Specialty Impact Munitions (SIM). This Traini ng Bulletin does not supersede the training and
qualification requirements members sh all meet to use and deploy SIM.
This Training Bulletin is a supplemental to Department General Orde r K-3, USE OF FORCE,
which is the master polic y regarding the use of force. In ad dition to this policy, members shall
have a complete and thorough understanding of DGO K-3, USE OF FORCE and TB III-H.2,
HAND HELD IMPACT WEAPONS which outline, in part, when the use of an impact weapon is
appropriate and objectively reasonable, criteria for consideration, definitions, force options and
medical requirements.
Purpose of Specialty Impact Munitions
Specialty Impact Munitions (S IM) are pieces of ammunition that are fired from either
specifically-designed firearms (such as the 40mm la uncher) or from firearms that can be utilized
to fire the SIM ammunition (such as the 12 ga uge shotgun). SIM are designed as less-lethal
weapons; while these may cause injury, when used within the scope of law, policy, and
manufacturer recommendations the likelihood of death or great bodily injury, while existent, is
minimal.
SIM are impact weapons, and are an intermediate for ce option. Less-lethal weapons, such as
SIM, are used to interrupt an engaged person’s th reatening behavior so that officers may take
physical control of the engaged pe rson with less risk of injury to the engaged person or officer
than posed by other force applications1. SIM specifically allow for th e application of less-lethal
intermediate force at a distance; distance, along with physical cover and other factors, can be
used to enhance de-escalation e fforts as well as the safety of the engaged person, officers, and
the community during an incident. SIM are used when it is not safe for an officer to close on a
physically violent person and try to control that person with physical strength and skill, or when
a safe, standoff distance is needed. In addition, SIM may be used to further safe resolution of
incidents by hitting or destroying items from a distance (e.g., windows or surveillance cameras)
with minimal exposure of office rs to dangerous conditions.
1 DGO K-03 , Section G-3.
Specialty Impact Munitions, Index Number III-H
2 Authorized Use
General Use Requirements
Only trained and currently qualified members are authorized to use SIM, and members are only
authorized to use the specific SIM fo r which they have been trained.
As a Use of Force
Except during crowd control (when the use of SIM is severely restricted; reference TB III-G),
less-lethal SIM shall only be us ed as a weapon against an engaged person when objectively
reasonable, necessary, and proportional2. The use of SIM is an in termediate use of force3 and is
not authorized against pers ons who are only engaged in non-compliance or passive resistance .
SIM use is intended to overcome active and assaultive resistance4.
“Reasonable force” is defined by la w as that amount of force that is objectively reasonable to
affect a lawful police purpose and protect the safety of officers or others based upon the totality
of the circumstances. The United States Supreme Court ruled in Graham v. Connor that force must be analyzed under
the Fourth Amendment’s objectively reasonable test
5. The application of this test requires an
analysis of the totality of circ umstances, including these factors to determine if the seizure is
reasonable:
1.The severity of the crime at issue;
2.Whether the suspect poses an immediate threat to the safety of law enforcement officers or
others; and
3.Whether the suspect is actively resisting arrest or attempti ng to evade arrest by flight.
The determination of reasonableness is not based on the 20/20 vision of hindsight.
As a Distraction or to Target Objects
All SIM specified in this policy may be used in non-Crowd Control or Crowd Management
Operations as distraction devi ces or to destroy an object by firing against objects, (e.g.,
buildings, walls, doors, windows). Verbal notic e to members and outside law enforcement
agency personnel shall be made before their us e as a distraction device or against an object.
Against Animals SIM may be used to subdue, distract or chase away vicious animals, but not to dispatch animals
(see prohibited uses, below).
Lethal vs. Less-lethal
2 DGO K-03 , Section D-1.
3 Deorle v. Rutherford 272 F.3d 1272,1279 (9th Cir. 2001)
4 DGO K-03 , Section D-1
5 490 U.S. 386 ( 1989)
Specialty Impact Munitions III-H 18 MAR 24 OAKLAND POLICE DEPARTMEN T
3
Lethal vs. Less-lethal
The distinction between lethal force and less-lethal force is imp ortant.
“Less-lethal” force is defined as: Any use of force, other than lethal force, which by design and
application is less likely to cause great bodily injury o r death. The possib ility of an uninten ded
lethal outcome, alth ough very rare, still exists. SIM are less-lethal weapons. Refer to DGO K-3
for ad ditional less-lethal f orce options.
Use of Direct Fired Specialty Impact Munit ions ( SIM)
1.Direct Fired SIM are less-lethal