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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
MMPR Security Services Ltd.
When Minutes Matter…
Baton Policy
Document Status: Draft / Final Status upon approval from Solicitor General
Date Issued: May 1st, 2014
Lead Author: Kevin Oulette – Director
Approved by: MMPR Security Services Ltd.
Date for Review: May 1st, 2015
Record of Policy Review: Kevin Oulette - Director
Date Policy
was Issued
Date of Review Reason for Review Lead
Reviewer
Additional Comments
May 1st, 2014
Solicitor General
Approval
First Draft – Opening Document
Kevin
Oulette
Submitted
for approval
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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
Table of Contents
1) Purpose…………………………………………………………………………………………...3
2) Policy…………………………………………………………………………………………...…3
3) Definitions………………………………………………………………………………………..3
4) Procedure…………………………………………………………………………………………4
5) Training…………………………………………………………………………………………..4
6) Post Deployment……………………………………………………………………………..…4
7) What needs to be reported?...........................................................................................4/5
8) Levels of Control……………………………………………………………………………..….5
9) Use of force to affect a detention, arrest or conduct a search………………………...….5
10) DeterminingObjectively Reasonable Force……………………………………………...…6
11) Duty to Intervene…………………………………………………………………………….…6
12) Levels of Resistance (see Use of Force Model)……………………………………………...7
13) Levels of Control (see Use of Force Model)……………………………………………….7/8
14) Elements of Deadly Force……………………………………………………………………...8
15) Use of Force Model……………………………………………………………………………...9
16) Authorized force tools, techniques & equipment………………………………………....10
17) Reportable Incidents………………………………………………………………………….11
18) Supervisory Responsibility……………………………………………………………….11/12
19) De-escalation………………………………………………………………….……..….12/13/14
20) Criminal Liability……...................................................................................................14
21) Civil Liability…………………………………………………………………………………..14
22) The “Baton”………………………………………………………………………………...…..15
23) Defensive Techniques………………………………………………………………….……..16
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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
1-Purpose
The purpose of this policy is to provide Security Guards of this agency with direction on
when and how to use their Baton.
2-Policy
The availability of Impact Weapons (Baton) can assist Security Guards in de-escalation of
potentiallyviolent confrontations and in certain situations; it can provide additional
alternatives to the use of deadlyforce. Impact Weapons are an importantcomponent of this
agency’s less lethal force equipment. Security Guards are authorized to employ impact
weapons in accordance with provisions of this policy and the Canadian Federal Law policy
on the use of force.
3-Definitions
(Baton):
Impact Weapons often referred to generically as “Batons”. It is designed to impede a
subject. While MMPR Security Services Ltd. recognizes one primary types of impact
weapons for daily carry and use by Security Guards of this agency, it also recognizes that in
a dynamic environment other instruments may be utilized as a temporary impact weapon.
Only trained techniques, dynamic applications of trained techniques or techniques not
trained but justifiable under the circumstances are authorized with MMPR Security
Services Ltd. approved batons or temporary impact weapons. This agency recognizes one
types of impact weapons for daily carry:
A. Straight 26 inch wood baton
Force Transitions - The movement, escalation/de-escalation, from the application of one
force type to another in conjunction with the “objectively reasonable”
Imminent Threat - “Imminent threat” refers to an impending violent act or resistance that
a Security Guard reasonably believes will occur, based on the totality of the circumstances.
Intermediate Force – This is the level of force necessary to compel compliance by a subject
that is displaying Aggressive Resistance, which is neither likely nor intended to cause
death to the individual.
Serious Bodily Injury – This is a bodily injury that creates a substantial risk of death;
causes serious, permanent disfigurement; or results in a prolonged loss or impairment of
the functioning of any bodily member or organ.
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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
4-Procedure
Guidelines for Use of Batons/Impact Weapon
All uses of impact weapons shall be consistent with this agency’spolicy on use of force. The
individual make the ultimate and final decision.
Impact weapons should be used in circumstances that require the Security Guard to impede
a subject when the safety of persons or property may occur.
Security Guards should attempt to utilize impact weapons at the following target areas:
a. Lower Abdomen (source: State of Wisconsin DAAT Manual)
b. Knee and Elbow area (source: State of Wisconsin DAAT Manual)
c. Deadly Force Target Areas: Head, Neck, Chest, Groin, Spinal Column.
Suspects who are struck with an impact weapon should be restrained as
necessary and transported to a medical facility for examination.
Use of impact weapons is a use of force and is subject to the same reporting
and investigative policy requirements as other types of force incidents.
5-Training
Security Guards authorized to deploy impact weapons shall receive designated training as
required by this agency and shall re-qualify with the impact weapon as designated by this
agency. Security Guards shall receive agency-authorized training specifically designed to
simulate actual deployment situationsand conditionsto enhance Security Guard’s
discretion and judgment in using impact projectilesin accordance with this
policy.
6-Post Deployment
Care of subject:
After deployment of an impact weapon and a subject has been struck with an impact
weapon, the Security Guard will summon emergency medical care via ambulance.
A subject that has been struck by an impact weapon will be transported to the most
appropriate hospital for medical treatment and/or clearance.
7-What needs to be reported?
Any incident where a subject is injured or complains of injury, or involves strikes, punches
or kicks is reportable by completing a Use of Force Report.
Any Security Guard that has used an impact weapon (if subject has been struck) will
complete a Use of Force Report form in addition to their case report.
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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
Any time a subject has been hit with an impact weapon, a supervisor will be notified.
8-Levels of Control
Levels of Control are broad categories of influence and or force in identifiable, escalating
stages of intensity. They are identified as low level force, intermediate force, and deadly
force.
Low Level Force - Low level force is the level of force that is necessary to interact with a
subject that is compliant or displaying Passive or Active Resistance.
Non-Deadly Force - Non-deadly force is the level of force required to compel compliance,
which is not intended to, and is not known to create a substantial risk of causing death or
serious bodily harm.
Reasonable Force - Reasonable force is an objective standard of force viewed from the
perspective of a reasonable Security Guard, without the benefitof 20/20 hindsight, and
based on the totality of the circumstances presented at the time of the incident.
Reportable Force - Reportable force is any use of force which is required to overcome subject
resistance to gain compliance that results in death, injury or complaint of injury, complaint
of continuing pain, or any use of force greater than low level force (see Levels of Control)
Significant Force - Any force which results in treatment at a medical facility due to injuries
or alleged injuries caused by any Security Guard. Examples include, but are not limited to:
skeletal fractures; injury or complaint of injury to a person’s head or sternum area. All
Significant Force is Reportable Force.
9-USE OF FORCETO AFFECT A DETENTION, AN ARREST OR TO CONDUCT A
SEARCH
Security Guards may use reasonable force:
1. To protect themselves;
2. To protect others;
3. To affect a lawful detention;
4. To affect a lawful arrest;
5. To conduct a lawful search.
If it is not already known by the subject to be detained, arrested, or searched, Security
Guards should, if reasonable, make clear their intent to detain, arrestor search the subject.
When practicable, SecurityGuards will identify themselves as a security Security Guard
before using force.
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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
10-DETERMINING OBJECTIVELY REASONABLEFORCE
The reasonableness of a particular use of force must be judged from the perspective of a
reasonable Security Guard on the scene, rather than with 20/20 vision of hindsight.
The reasonableness must account for the fact that Security Guardsare often forced to make
split-second judgments - in circumstances that are tense, uncertain, and rapidly evolving.
The reasonableness inquiry in reviewing use of force is an objective one: the question is
whether the Security Guard’s actions are objectively reasonable in light of the facts and
circumstances confronting them. The Security Guard’s perception may be a consideration,
but other objective factors will determine the reasonableness of force.
These factors may include but are not limited to:
a. The severity of the crime(s) at issue;
b. Whether the subject poses an immediate threat to the safety of the Security
Guard(s) or others;
c. Whether the subject is actively resisting arrest or attempting to evade arrest
by flight;
d. The influence of drugs/alcohol or the mental capacity of the subject;
e. The time available to a Security Guard to make a decision;
f. The availability of Security Guards/resources to de-escalate the situation;
g. The proximity or accessof weapons to the subject;
h. The environmental factors and/or other exigent circumstances.
The Security Guard will use a level of force that is necessary and within the range of
“objectively reasonable” options.
When use of force is needed, Security Guards will assess each incident to determine, based
on policy, training and experience, which use of force option will de-escalate the situation
and bring it under control in a safe and prudent manner. Reasonable and sound judgment
will dictate the force option to be employed.
Therefore, the agency examines all uses of force from an objective standard rather than a
subjective standard.
11-DUTY TO INTERVENE
Any Security Guard present and observing another Security Guard using force that is
clearly beyond that which is objectively reasonable under the circumstances shall, when in
a position to do so, safely intercede to preventthe use of such excessive force. Security
Guards shall promptly report these observationsto a supervisor.
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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
12-LEVELS OF RESISTANCE (see Use of Force Model)
It is important for SecurityGuards to bear in mind that there are many reasons a suspect
may be resisting arrest or may be unresponsive. The person in question may not be capable
of understanding the gravity of the situation.
Security Guards must consider several factors when dealing with a non-compliant subject.
A subject may be non-compliant due to a medical condition, mental, physical, or hearing
impairment, language barrier, drug interaction or emotional crisis, and have no criminal
intent.
This may not make the subject any less dangerous but it may require a change in tactics
that will be more effective while maintaining Security Guard safety.
Compliant - A person contacted by an Security Guard who acknowledgesdirection or lawful
orders given and offers no passive/active, aggressive, or aggravated aggressive resistance.
Passive Resistance - The subject is not complying with a Security Guard’s commands and is
uncooperative, but is taking only minimal physical action to prevent an Security Guard
from placing the subject in custody and taking control. Examples include: standing
stationary and not moving upon lawful direction, falling limply and refusing to use their
own power to move (becoming “dead weight”), holding onto a fixed object, or locking arms to
another during a protest or demonstration.
Active Resistance - The subject’s verbal or physical actions are intended to prevent an
Security Guard from placing the subject in custody and taking control, but are not directed
at harming the Security Guard. Examples include: walking or running away, breaking the
Security Guard’s grip.
Aggressive Resistance - The subject displaysthe intent to harm the Security Guard,
themselves or another person and prevent an Security Guard from placing the subject in
custody and taking control. The aggression may manifest itself through a subject taking a
fighting stance, punching, kicking, striking, attacks with weapons or other actions which
present an imminent threat of physical harm to the Security Guard or another.
Aggravated Aggressive Resistance - The subject’s actions are likely to resultin death or
serious bodily harm to the Security Guard, themselves or another. These actionsmay
include a firearm, use of blunt or bladed weapon, and extreme physical force..
13-LEVELS OF CONTROL (see Use of Force Model)
When use of force is needed, Security Guards will assess each incident to determine, based
on policy, training and experience, which use of force option is believed to be appropriate for
the situation and bring it under control in a safe and prudent manner.
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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
Security Guards must use the amount of force that is objectively reasonable to overcome
resistance in order to take lawful police action. The level of control must be proportionate to
the circumstances and the level of resistance encountered by the Security Guards.
Low Level Force – This is the level of control necessary to interact with a subject that is
compliant or displaying Passive or Active Resistance. This level of force is not intended to
and has a low-probability of causing injury.
This level of force includes:
1. Security Guard Presence
2. Verbal Communication
3. Empty Hand Tactics (Takedowns)
4. Handcuffs/Other MMPR Approved Restraint Devices
5. Baton (As escort tool)
6. K-9 – (No bites)
7. Blocking
Intermediate Force – This is the level of force necessary to compel compliance by a subject
displaying Aggressive Resistance, which is neither likely nor intended to cause death.
This level of force requiresa Use of Force Report and includes:
1. Empty Hand Tactics (Takedown with injury, Strikes, Kicks)
2. Baton/Impact Weapons(Jabs, Strikes)
3. K-9 (with bites)
Deadly force - can also result from a force option being improperly applied. Deadly force is
not limited to the use of firearms.
1. Baton (Striking head, neck, sternum, spine, groin, or kidneys)
2. Low Lethality Impact Weapon (Thrown at a distance less than five yards)
3. Lose of personal control
4. Ramming with the baton
5. STRESS
14-Elements of Deadly Force
Ability - Ability exists when a person has the means or capability to cause grave injury,
serious bodily harm or death to an Security Guard or another. This may include, but is not
limited to the following: the suspect’s physical ability, size, age, strength, gender, combative
skill, level of aggression, and any weapons in their immediate control.
Opportunity - Opportunity exists when a person is in a position to effectively resist an
Security Guard’s control or to use force or violence upon the SecurityGuard or another.
Examples which may affect opportunity include: relative distance to the Security Guard or
others, and physical barriers between the subject and the Security Guard.
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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
Imminent Jeopardy - Based upon all the facts and a circumstance confronting the Security
Guard, the Security Guard reasonably believes the subject poses an imminent threat to the
life of the Security Guard(s) or other third parties and the Security Guard must act
immediately to prevent death or serious bodily injury.
Preclusion - All other lesser alternatives have been reasonably considered and exhausted
prior to the use of deadly force, to include disengagement. Deadly force in response to the
subject’s actions must remain reasonable while based upon the totality of the circumstances
known to the Security Guard at the time force was applied.
15-USE OF FORCEMODEL
Force Transition: Force transition is the movement, escalation/de-escalation, from the
application of one force type to another in conjunction with the “objectively reasonable”
standard.
Options to the use of force
Security Guards shall perform their work in a manner that avoids unduly jeopardizing
their own safety or the safety of others through poor tactical decisions.
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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
The prospectof a favorable outcome is often enhanced when supervisors become involved in
the management of an overall response to potential violent encounters by coordinating
resources and Security Guards’ tactical actions.
Supervisorsshould possess a good knowledge of tactics and ensure that Security Guards
under their supervision perform to a standard. As a good practice, supervisors will
acknowledge and respond to incidentsin a timely manner where police use of force is
probable.
16-AUTHORIZED FORCE TOOLS, TECHNIQUES AND EQUIPMENT
With no exception, only agency-approved toolsand training techniques shall be used.
Uniformed Security Guardswill carry all tools and equipment required by this agency.
Security Guards should note that less lethal toolsmay result in a lethal outcome, or be
ineffective even when used appropriately.
Supervisorsof commissioned personnel should ensure their subordinates complete their
minimum required hours of training within the calendar year.
If the member fails to demonstrate proficiency, the member and/or the member’s supervisor
will contact MMPR as soon as practicable for assistance in formulating a remedial training
program.
The following are authorized force tools/restraints and techniques which may be used when
objectively reasonable and otherwise permitted under this policy. Specialized units may
have additional toolsthat are not covered in this policy.
Presence and Verbal Communication:
Level of Control: Low Level Force
Approved Use: Security Guardswill, and to the best of their abilities and to the best extent
reasonably possible, attemptto use verbal communication skills to control subjectsbefore
resorting to physical control methods.
Empty Hand Tactics:
Level of Control: Low Level Force – takedowns (not likely to cause injury), escorts
Intermediate Level Force - takedown, strikes, kicking
Deadly Force - takedown, strikes, kicking
Approved Use:
1. These tactics will be used only in accordance with policy and agency
training.
2. Members should only use tactics appropriate to the situation which have
been taught by agency Defensive Tactics instructors.
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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
Baton/Impact Weapons:
Level of Control: Low Level Force - when used as an escort tool
Intermediate Force - when used for jabbing or striking
Deadly Force - striking suspects on the head, neck, sternum, spine, groin, or kidneys
Description:
1. A baton is an agency-authorized expandable straight baton or side handle
baton.
2. Entry level training is taught at the MMPR Security Training Facility.
3. Annual review of skills is required to maintain use of Baton on uniform
Inspection Requirement:
Batons will be maintained in clean and working order.
Approved Use:
1. This tool will be used only in accordance with policy and agency training.
2. Blocking, jabbing, to apply control holds, or passive/active escort techniques
(Example: stirring the pot).
Disapproved Use:
1. A subject who poses no imminent threat will not be struck with a baton or
impact tool.
2. During non-deadly force incidents, Security Guards will use reasonable care
to avoid striking suspects on the head, neck, sternum, spine, groin, or
kidneys, as these strikes may constitute deadlyforce.
3. The use of instruments as a weapon for the purpose of striking or jabbing
(i.e., flashlights, radio, etc.) other than agency-authorized batons, is strongly
discouraged and acceptable only when other authorized force responseshave
been exhausted and are either unavailable or ineffective.
4. Security Guards must be able to articulate a compelling need to use any
other device or object other than an authorized baton as an impact weapon.
17-Reportable Incidents:
Any use of the baton, and any incident where a subject is injured or complainsof injury, is
reportable.
18-Supervisory Responsibility:
1. In use of force incidents the area supervisor will:
2. Proceed immediately to the incident involving the low lethality shotgun
deployment and assume tactical control;
3. Ensure that low lethality deployment is appropriate for the incident if low
lethality deployment is inappropriate for the incident, modify or countermand
deployment.
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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
Security Guards will consider the safety of the public and suspects. The following locations
and hazards should be evaluated:
1. Seriousness of the crime;
2. The number of suspects;
3. If the suspect(s) are known to have weapons;
4. The potential of the suspect using their vehicle as a weapon;
5. The potential tactical disadvantage due to the close proximity of the suspect;
6. The potential for creating a crossfire situation;
7. The size/weight of the suspect vehicle compared to the police vehicle.
19-DE-ESCALATION
Security Work requires that at times a Security Guard must exercise control of a violent or
resisting subject to make an arrest, or to protect the Security Guard, other Security
Guards, or members of the community from risk of imminentharm. Clearly, not every
potential violent confrontation can be de-escalated, but Security Guards do have the ability
to impact the direction and the outcome of many situations they handle, based on their
decision-making and the tactics they choose to employ.
When reasonable under the totality of circumstances, Security Guardsshould gather
information about the incident, assess the risks, assemble resources, attempt to slow
momentum, and communicate and coordinate a response.
In their interaction with subjects, Security Guards should use advisements, warnings,
verbal persuasion, and other tactics and alternatives to higher levels of force.
Security Guards should recognize that they may withdraw to a position that is tactically
more secure or allows them greater distance in order to consider or deploy a greater variety
of Force
Avoidance of Deadly Force
The escalation of force is the increase in the amount of force used in an escalating conflict
situation. Ideally, the situation would allow for a security guard to do a step-by-step
increase in the use of force. However, a security guard may be required to jump from one
level to a higher level of force based on the amount of resistance to which he/she is
confronted.
1. Avoid, Observe and Report
A security guard following the principles of Avoid, Observe and Reportwould
avoid the conflict and observe the suspect(s) in order to factually report the
situation to superiorsand/or law enforcementas soon as possible. The guard
would not confront and may literally retreat from the suspect or the conflict
situation.
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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
The security guard would continue to maintain a visual presence by allowing the suspect
and other persons to see the security guard.
Visual presence:
This level is often called a visual deterrence. This means a security guard simply allows
him/herself to be clearly seen. The fact that a security guard can be clearly seen by anyone
may in itself inhibit a potential conflict situation. For example, if a person is considering
committing a crime or engaging in hostile behavior then sees a guard standing or patrolling
nearby, that person may NOT commit the crime or engage in hostile behavior. Thus, a
potential conflict situation, and the risk of escalation in the use of force by the security
guard, may have been avoided because the security guard maintained a visual presence. A
security guard can easily maintain a visual presence in a relaxed, alertand non-
threatening manner. This in turn may reduce the possibility of force.
Physical Stance:
Maintain a professional stance and appearance. For example, stand straight and relaxed
with your hands raised and open, not in closed fist. UNLESS JUSTIFIED, DO NOT stand
in a threatening ready position, such as with a hand on a baton. The more calm and
professional a guard’s total physical stance and gestures project, the more likely the guard
will be able to de-escalate a situation.
Verbal Communication:
Engaging in a simple non-threatening, non-hostile verbal communication is often not
thought of as a possible show of force. But it can be. There are many other factors involved
in effective verbal communication than just talking, especially in tense conflict situations.
When engaging the subject in verbal communication be aware of how the following factors
can inhibit or promote conflict.
Tone of Voice:
Speak in a calm and respectful tone. Do not speak in a loud, cursing manner. The more
politely one speaks, the more likely another will respond with politeness to the speaker. It
is important to be polite and calm in conflict situations, particularly if one is giving a firm
directive. This may be hard to do, but one can often keep a situation from escalating and
control the situation more effectively. A guard may be far less threatening by saying:
“Please, Sir,” or, “excuse me, Miss.” When these words are said in a respectful manner, it
can contribute to a person’s cooperation and can prevent a situation from escalating.
Physical Control Levels:
Physical control levels in escalating order are frequently stated as: slight physical
directional touching, harsher physical contact, use of a baton, Remember that these levels
many be only for justifiable defensive purposes. A security guard who engagesin physical
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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
control with a subject must be able to establish that it was reasonable and justified.
20-Criminal Liability
A security guard who is armed with a baton must remember that they are subject to all
laws –particularly those laws included in the Penal Code, the Civil Code and the Business
and Professions Code. A security guard, that uses a baton in violation of the law, may be
charged as a defendant in a criminal complaint or indictment filed in court.
However, criminal responsibility may be avoided if a baton permit holder uses only that
amount of force reasonable under the circumstances to repel an attack or to prevent harm
to another or to property under the lawful control of the permit holder. The permit holder
will be considered responsible for any marked excess.
In any case in which a baton is used or threatened in self-defence, the use of the baton must
be reasonable under the circumstances and may be resorted to only if no other alternative
means of avoiding the danger is available.
In such circumstances, the permit holder must actually be in fear – fear for the permit
holder’s or another’s life or injury, or fear of damage to property. And, the conduct of the
person that causes such fear must be such conduct as would produce a reasonable person to
be in fear for their or another’s life or injury, or fear of damage to property.
At the same time, the right of self-defence exists only as long as the real or apparent
threatened danger continues to exist. When such danger ceases to appear or exist, the right
to use force in self-defence ends.
21-Civil Liability
Civil liability can arise completely separate from criminal responsibility. Criminal charges
are pursued by public prosecutors. As a separate matter, a permit holder that uses of
excessive force that causes injury to another person or damage property – will (in addition
to criminal responsibility) be exposed to civil liability – that is, a lawsuit in court.
Such a lawsuit may be brought by a person, against a permit holder, even if criminal
charges are never threatened or filed. A civil lawsuit, or ‘action,’ can resultin a court order
to pay money to a victim in compensation for injuries, losses, suffering, or any damages
incurred due to a wrongful act.
In extreme cases, a wrongdoer may be ordered to pay additional money damages to a victim
in order to punish and to make an example of a wrongdoer
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MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
22-BATON FAMILIARIZATION
A. Straight Expandable / Straight Baton
Introduction
Do not refer to the baton as a "club" or a "nightstick." The correct term is a "straight baton"
or “expandable straight baton.”
The only difference between the straight and side handle batons are the techniques. Your
use of force, liability, responsibilities, target areas, vital areas and first aid; are the same.
Description and Definition of a Straight Expandable/Straight Baton
The baton is a deadly weapon. Following are specifications for the straightbaton. (Straight
batons meeting these specifications are approved for use by uniformed, on-duty security
guards.)
Material: Wood, synthetic (plastic) substance of equivalent physical properties to the
wooden baton (strength, density, and toughness) or aluminum.
Length: Solid or expanded, between 16 inches and 36 inches, constant, or two to three
section expandable.
Weight: Weight in proportion to size as specified by manufacturer.
Diameter: 1 inch to 1-1/4 inches.
Color: Wood may be brown or black, plastic must be black, metal is black or chrome.
Surface: Ends must be rounded blunt; no cutting, ridged, or sharp edges.
Loading: There can be No "loading" the inside of the baton with any substance.
Grommet: Black rubber; it may be slipped over the baton and placed approximately six to
eight inches from the end.
Strap: Baton may not be fitted with a thong or strap.
The plastic baton is inclined to warp if exposed to directsunlight or heat for a considerable
length of time. It may break or snap if powerful contact is made with a hard object such as
wood or a metal pipe.
You will be at a disadvantage in any confrontation if you become overconfident and/or you
do not practice. You must have at your command a series of well-practiced moves, any
combination of which you must be able to use instantly and proficiently. One technique may
not be sufficient to ward off an attacker. However, if you move smoothly from one technique
to another, you will be demonstrating your ability to defend yourself and possibly de-
escalate a threatening situation.
Remember: Use your baton for DEFENSIVE purposes only. You must be able to justify
Annual enrollment in a baton training class will help you retain your proficiency and will
reassure your employer that you know when and how to use your baton.
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PolicyonBatons
Form P1004, Revised May1st,
2014
23-Defensive Techniques
Drawing Techniques
When you are faced with a dangerous situation that requires drawing and possibly using
your baton, the drawing method you choose may have an effect on the suspect and may
determine whether the situation will escalate or de-escalate. You should attempt to let the
suspect know that, although you have removed your baton to protect yourself, there is still
room for talking. Drawing the baton in a rude and threatening manner is never allowed
and you could face criminal charges (417 P.C.) Practice drawing over and over again until
you no longer need to look at the baton in order to draw or secure the baton back in its
holder.
There are two important things to remember when confronted with an adversary:
• Eye Contact
You should become so familiar with the position of your baton that you do not need to look
at it to remove it from or replace it in the ring. Your eyes should never leave your
adversary.
• Show of Competence
If you become proficient in drawing the baton, you will show confidence that will be evident
to your adversary. This may place him at a psychological disadvantage and may de-escalate
the situation immediately. This is not intimidation; it is taking the advantage.
All techniques should be taught with emphasis on the following concepts:
• Proper balance and self-control
• Proper carrying, gripping and holding
• Control of the baton from drawing to returning it to its holder
• Position of the baton to effectively block and defend
• Placement of the baton to non-vital areas of the body when striking
Blocking Techniques
The purpose of blocking is to stop an object from hitting you. The four areas of the body to
protect are:
1. Head
2. Left side of the body
3. Right side of the body
4. Chest and below the waist
* The baton should be angled and in a position to stop the object from hitting you and
positioned where it can deflectthe force of the blow where possible.
REMEMBER THE VITAL AREAS OF THE BODY. While you are practicing, do not forget
that you are aiming for the lower abdomen and extremities.
REMEMBERTO USE ONLY THAT AMOUNTOF FORCE THAT IS REASONABLE FOR
DEFENSE.
17
MMPR SecurityServicesLtd.
PolicyonBatons
Form P1004, Revised May1st,
2014
Feel free to edit as required and if you do use this document, please give me crediton my
linked in profile, thank you, Kevin Oulette, Security Consultant

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Form p1004 policy on baton

  • 1. 1 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 MMPR Security Services Ltd. When Minutes Matter… Baton Policy Document Status: Draft / Final Status upon approval from Solicitor General Date Issued: May 1st, 2014 Lead Author: Kevin Oulette – Director Approved by: MMPR Security Services Ltd. Date for Review: May 1st, 2015 Record of Policy Review: Kevin Oulette - Director Date Policy was Issued Date of Review Reason for Review Lead Reviewer Additional Comments May 1st, 2014 Solicitor General Approval First Draft – Opening Document Kevin Oulette Submitted for approval
  • 2. 2 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 Table of Contents 1) Purpose…………………………………………………………………………………………...3 2) Policy…………………………………………………………………………………………...…3 3) Definitions………………………………………………………………………………………..3 4) Procedure…………………………………………………………………………………………4 5) Training…………………………………………………………………………………………..4 6) Post Deployment……………………………………………………………………………..…4 7) What needs to be reported?...........................................................................................4/5 8) Levels of Control……………………………………………………………………………..….5 9) Use of force to affect a detention, arrest or conduct a search………………………...….5 10) DeterminingObjectively Reasonable Force……………………………………………...…6 11) Duty to Intervene…………………………………………………………………………….…6 12) Levels of Resistance (see Use of Force Model)……………………………………………...7 13) Levels of Control (see Use of Force Model)……………………………………………….7/8 14) Elements of Deadly Force……………………………………………………………………...8 15) Use of Force Model……………………………………………………………………………...9 16) Authorized force tools, techniques & equipment………………………………………....10 17) Reportable Incidents………………………………………………………………………….11 18) Supervisory Responsibility……………………………………………………………….11/12 19) De-escalation………………………………………………………………….……..….12/13/14 20) Criminal Liability……...................................................................................................14 21) Civil Liability…………………………………………………………………………………..14 22) The “Baton”………………………………………………………………………………...…..15 23) Defensive Techniques………………………………………………………………….……..16
  • 3. 3 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 1-Purpose The purpose of this policy is to provide Security Guards of this agency with direction on when and how to use their Baton. 2-Policy The availability of Impact Weapons (Baton) can assist Security Guards in de-escalation of potentiallyviolent confrontations and in certain situations; it can provide additional alternatives to the use of deadlyforce. Impact Weapons are an importantcomponent of this agency’s less lethal force equipment. Security Guards are authorized to employ impact weapons in accordance with provisions of this policy and the Canadian Federal Law policy on the use of force. 3-Definitions (Baton): Impact Weapons often referred to generically as “Batons”. It is designed to impede a subject. While MMPR Security Services Ltd. recognizes one primary types of impact weapons for daily carry and use by Security Guards of this agency, it also recognizes that in a dynamic environment other instruments may be utilized as a temporary impact weapon. Only trained techniques, dynamic applications of trained techniques or techniques not trained but justifiable under the circumstances are authorized with MMPR Security Services Ltd. approved batons or temporary impact weapons. This agency recognizes one types of impact weapons for daily carry: A. Straight 26 inch wood baton Force Transitions - The movement, escalation/de-escalation, from the application of one force type to another in conjunction with the “objectively reasonable” Imminent Threat - “Imminent threat” refers to an impending violent act or resistance that a Security Guard reasonably believes will occur, based on the totality of the circumstances. Intermediate Force – This is the level of force necessary to compel compliance by a subject that is displaying Aggressive Resistance, which is neither likely nor intended to cause death to the individual. Serious Bodily Injury – This is a bodily injury that creates a substantial risk of death; causes serious, permanent disfigurement; or results in a prolonged loss or impairment of the functioning of any bodily member or organ.
  • 4. 4 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 4-Procedure Guidelines for Use of Batons/Impact Weapon All uses of impact weapons shall be consistent with this agency’spolicy on use of force. The individual make the ultimate and final decision. Impact weapons should be used in circumstances that require the Security Guard to impede a subject when the safety of persons or property may occur. Security Guards should attempt to utilize impact weapons at the following target areas: a. Lower Abdomen (source: State of Wisconsin DAAT Manual) b. Knee and Elbow area (source: State of Wisconsin DAAT Manual) c. Deadly Force Target Areas: Head, Neck, Chest, Groin, Spinal Column. Suspects who are struck with an impact weapon should be restrained as necessary and transported to a medical facility for examination. Use of impact weapons is a use of force and is subject to the same reporting and investigative policy requirements as other types of force incidents. 5-Training Security Guards authorized to deploy impact weapons shall receive designated training as required by this agency and shall re-qualify with the impact weapon as designated by this agency. Security Guards shall receive agency-authorized training specifically designed to simulate actual deployment situationsand conditionsto enhance Security Guard’s discretion and judgment in using impact projectilesin accordance with this policy. 6-Post Deployment Care of subject: After deployment of an impact weapon and a subject has been struck with an impact weapon, the Security Guard will summon emergency medical care via ambulance. A subject that has been struck by an impact weapon will be transported to the most appropriate hospital for medical treatment and/or clearance. 7-What needs to be reported? Any incident where a subject is injured or complains of injury, or involves strikes, punches or kicks is reportable by completing a Use of Force Report. Any Security Guard that has used an impact weapon (if subject has been struck) will complete a Use of Force Report form in addition to their case report.
  • 5. 5 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 Any time a subject has been hit with an impact weapon, a supervisor will be notified. 8-Levels of Control Levels of Control are broad categories of influence and or force in identifiable, escalating stages of intensity. They are identified as low level force, intermediate force, and deadly force. Low Level Force - Low level force is the level of force that is necessary to interact with a subject that is compliant or displaying Passive or Active Resistance. Non-Deadly Force - Non-deadly force is the level of force required to compel compliance, which is not intended to, and is not known to create a substantial risk of causing death or serious bodily harm. Reasonable Force - Reasonable force is an objective standard of force viewed from the perspective of a reasonable Security Guard, without the benefitof 20/20 hindsight, and based on the totality of the circumstances presented at the time of the incident. Reportable Force - Reportable force is any use of force which is required to overcome subject resistance to gain compliance that results in death, injury or complaint of injury, complaint of continuing pain, or any use of force greater than low level force (see Levels of Control) Significant Force - Any force which results in treatment at a medical facility due to injuries or alleged injuries caused by any Security Guard. Examples include, but are not limited to: skeletal fractures; injury or complaint of injury to a person’s head or sternum area. All Significant Force is Reportable Force. 9-USE OF FORCETO AFFECT A DETENTION, AN ARREST OR TO CONDUCT A SEARCH Security Guards may use reasonable force: 1. To protect themselves; 2. To protect others; 3. To affect a lawful detention; 4. To affect a lawful arrest; 5. To conduct a lawful search. If it is not already known by the subject to be detained, arrested, or searched, Security Guards should, if reasonable, make clear their intent to detain, arrestor search the subject. When practicable, SecurityGuards will identify themselves as a security Security Guard before using force.
  • 6. 6 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 10-DETERMINING OBJECTIVELY REASONABLEFORCE The reasonableness of a particular use of force must be judged from the perspective of a reasonable Security Guard on the scene, rather than with 20/20 vision of hindsight. The reasonableness must account for the fact that Security Guardsare often forced to make split-second judgments - in circumstances that are tense, uncertain, and rapidly evolving. The reasonableness inquiry in reviewing use of force is an objective one: the question is whether the Security Guard’s actions are objectively reasonable in light of the facts and circumstances confronting them. The Security Guard’s perception may be a consideration, but other objective factors will determine the reasonableness of force. These factors may include but are not limited to: a. The severity of the crime(s) at issue; b. Whether the subject poses an immediate threat to the safety of the Security Guard(s) or others; c. Whether the subject is actively resisting arrest or attempting to evade arrest by flight; d. The influence of drugs/alcohol or the mental capacity of the subject; e. The time available to a Security Guard to make a decision; f. The availability of Security Guards/resources to de-escalate the situation; g. The proximity or accessof weapons to the subject; h. The environmental factors and/or other exigent circumstances. The Security Guard will use a level of force that is necessary and within the range of “objectively reasonable” options. When use of force is needed, Security Guards will assess each incident to determine, based on policy, training and experience, which use of force option will de-escalate the situation and bring it under control in a safe and prudent manner. Reasonable and sound judgment will dictate the force option to be employed. Therefore, the agency examines all uses of force from an objective standard rather than a subjective standard. 11-DUTY TO INTERVENE Any Security Guard present and observing another Security Guard using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, safely intercede to preventthe use of such excessive force. Security Guards shall promptly report these observationsto a supervisor.
  • 7. 7 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 12-LEVELS OF RESISTANCE (see Use of Force Model) It is important for SecurityGuards to bear in mind that there are many reasons a suspect may be resisting arrest or may be unresponsive. The person in question may not be capable of understanding the gravity of the situation. Security Guards must consider several factors when dealing with a non-compliant subject. A subject may be non-compliant due to a medical condition, mental, physical, or hearing impairment, language barrier, drug interaction or emotional crisis, and have no criminal intent. This may not make the subject any less dangerous but it may require a change in tactics that will be more effective while maintaining Security Guard safety. Compliant - A person contacted by an Security Guard who acknowledgesdirection or lawful orders given and offers no passive/active, aggressive, or aggravated aggressive resistance. Passive Resistance - The subject is not complying with a Security Guard’s commands and is uncooperative, but is taking only minimal physical action to prevent an Security Guard from placing the subject in custody and taking control. Examples include: standing stationary and not moving upon lawful direction, falling limply and refusing to use their own power to move (becoming “dead weight”), holding onto a fixed object, or locking arms to another during a protest or demonstration. Active Resistance - The subject’s verbal or physical actions are intended to prevent an Security Guard from placing the subject in custody and taking control, but are not directed at harming the Security Guard. Examples include: walking or running away, breaking the Security Guard’s grip. Aggressive Resistance - The subject displaysthe intent to harm the Security Guard, themselves or another person and prevent an Security Guard from placing the subject in custody and taking control. The aggression may manifest itself through a subject taking a fighting stance, punching, kicking, striking, attacks with weapons or other actions which present an imminent threat of physical harm to the Security Guard or another. Aggravated Aggressive Resistance - The subject’s actions are likely to resultin death or serious bodily harm to the Security Guard, themselves or another. These actionsmay include a firearm, use of blunt or bladed weapon, and extreme physical force.. 13-LEVELS OF CONTROL (see Use of Force Model) When use of force is needed, Security Guards will assess each incident to determine, based on policy, training and experience, which use of force option is believed to be appropriate for the situation and bring it under control in a safe and prudent manner.
  • 8. 8 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 Security Guards must use the amount of force that is objectively reasonable to overcome resistance in order to take lawful police action. The level of control must be proportionate to the circumstances and the level of resistance encountered by the Security Guards. Low Level Force – This is the level of control necessary to interact with a subject that is compliant or displaying Passive or Active Resistance. This level of force is not intended to and has a low-probability of causing injury. This level of force includes: 1. Security Guard Presence 2. Verbal Communication 3. Empty Hand Tactics (Takedowns) 4. Handcuffs/Other MMPR Approved Restraint Devices 5. Baton (As escort tool) 6. K-9 – (No bites) 7. Blocking Intermediate Force – This is the level of force necessary to compel compliance by a subject displaying Aggressive Resistance, which is neither likely nor intended to cause death. This level of force requiresa Use of Force Report and includes: 1. Empty Hand Tactics (Takedown with injury, Strikes, Kicks) 2. Baton/Impact Weapons(Jabs, Strikes) 3. K-9 (with bites) Deadly force - can also result from a force option being improperly applied. Deadly force is not limited to the use of firearms. 1. Baton (Striking head, neck, sternum, spine, groin, or kidneys) 2. Low Lethality Impact Weapon (Thrown at a distance less than five yards) 3. Lose of personal control 4. Ramming with the baton 5. STRESS 14-Elements of Deadly Force Ability - Ability exists when a person has the means or capability to cause grave injury, serious bodily harm or death to an Security Guard or another. This may include, but is not limited to the following: the suspect’s physical ability, size, age, strength, gender, combative skill, level of aggression, and any weapons in their immediate control. Opportunity - Opportunity exists when a person is in a position to effectively resist an Security Guard’s control or to use force or violence upon the SecurityGuard or another. Examples which may affect opportunity include: relative distance to the Security Guard or others, and physical barriers between the subject and the Security Guard.
  • 9. 9 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 Imminent Jeopardy - Based upon all the facts and a circumstance confronting the Security Guard, the Security Guard reasonably believes the subject poses an imminent threat to the life of the Security Guard(s) or other third parties and the Security Guard must act immediately to prevent death or serious bodily injury. Preclusion - All other lesser alternatives have been reasonably considered and exhausted prior to the use of deadly force, to include disengagement. Deadly force in response to the subject’s actions must remain reasonable while based upon the totality of the circumstances known to the Security Guard at the time force was applied. 15-USE OF FORCEMODEL Force Transition: Force transition is the movement, escalation/de-escalation, from the application of one force type to another in conjunction with the “objectively reasonable” standard. Options to the use of force Security Guards shall perform their work in a manner that avoids unduly jeopardizing their own safety or the safety of others through poor tactical decisions.
  • 10. 10 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 The prospectof a favorable outcome is often enhanced when supervisors become involved in the management of an overall response to potential violent encounters by coordinating resources and Security Guards’ tactical actions. Supervisorsshould possess a good knowledge of tactics and ensure that Security Guards under their supervision perform to a standard. As a good practice, supervisors will acknowledge and respond to incidentsin a timely manner where police use of force is probable. 16-AUTHORIZED FORCE TOOLS, TECHNIQUES AND EQUIPMENT With no exception, only agency-approved toolsand training techniques shall be used. Uniformed Security Guardswill carry all tools and equipment required by this agency. Security Guards should note that less lethal toolsmay result in a lethal outcome, or be ineffective even when used appropriately. Supervisorsof commissioned personnel should ensure their subordinates complete their minimum required hours of training within the calendar year. If the member fails to demonstrate proficiency, the member and/or the member’s supervisor will contact MMPR as soon as practicable for assistance in formulating a remedial training program. The following are authorized force tools/restraints and techniques which may be used when objectively reasonable and otherwise permitted under this policy. Specialized units may have additional toolsthat are not covered in this policy. Presence and Verbal Communication: Level of Control: Low Level Force Approved Use: Security Guardswill, and to the best of their abilities and to the best extent reasonably possible, attemptto use verbal communication skills to control subjectsbefore resorting to physical control methods. Empty Hand Tactics: Level of Control: Low Level Force – takedowns (not likely to cause injury), escorts Intermediate Level Force - takedown, strikes, kicking Deadly Force - takedown, strikes, kicking Approved Use: 1. These tactics will be used only in accordance with policy and agency training. 2. Members should only use tactics appropriate to the situation which have been taught by agency Defensive Tactics instructors.
  • 11. 11 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 Baton/Impact Weapons: Level of Control: Low Level Force - when used as an escort tool Intermediate Force - when used for jabbing or striking Deadly Force - striking suspects on the head, neck, sternum, spine, groin, or kidneys Description: 1. A baton is an agency-authorized expandable straight baton or side handle baton. 2. Entry level training is taught at the MMPR Security Training Facility. 3. Annual review of skills is required to maintain use of Baton on uniform Inspection Requirement: Batons will be maintained in clean and working order. Approved Use: 1. This tool will be used only in accordance with policy and agency training. 2. Blocking, jabbing, to apply control holds, or passive/active escort techniques (Example: stirring the pot). Disapproved Use: 1. A subject who poses no imminent threat will not be struck with a baton or impact tool. 2. During non-deadly force incidents, Security Guards will use reasonable care to avoid striking suspects on the head, neck, sternum, spine, groin, or kidneys, as these strikes may constitute deadlyforce. 3. The use of instruments as a weapon for the purpose of striking or jabbing (i.e., flashlights, radio, etc.) other than agency-authorized batons, is strongly discouraged and acceptable only when other authorized force responseshave been exhausted and are either unavailable or ineffective. 4. Security Guards must be able to articulate a compelling need to use any other device or object other than an authorized baton as an impact weapon. 17-Reportable Incidents: Any use of the baton, and any incident where a subject is injured or complainsof injury, is reportable. 18-Supervisory Responsibility: 1. In use of force incidents the area supervisor will: 2. Proceed immediately to the incident involving the low lethality shotgun deployment and assume tactical control; 3. Ensure that low lethality deployment is appropriate for the incident if low lethality deployment is inappropriate for the incident, modify or countermand deployment.
  • 12. 12 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 Security Guards will consider the safety of the public and suspects. The following locations and hazards should be evaluated: 1. Seriousness of the crime; 2. The number of suspects; 3. If the suspect(s) are known to have weapons; 4. The potential of the suspect using their vehicle as a weapon; 5. The potential tactical disadvantage due to the close proximity of the suspect; 6. The potential for creating a crossfire situation; 7. The size/weight of the suspect vehicle compared to the police vehicle. 19-DE-ESCALATION Security Work requires that at times a Security Guard must exercise control of a violent or resisting subject to make an arrest, or to protect the Security Guard, other Security Guards, or members of the community from risk of imminentharm. Clearly, not every potential violent confrontation can be de-escalated, but Security Guards do have the ability to impact the direction and the outcome of many situations they handle, based on their decision-making and the tactics they choose to employ. When reasonable under the totality of circumstances, Security Guardsshould gather information about the incident, assess the risks, assemble resources, attempt to slow momentum, and communicate and coordinate a response. In their interaction with subjects, Security Guards should use advisements, warnings, verbal persuasion, and other tactics and alternatives to higher levels of force. Security Guards should recognize that they may withdraw to a position that is tactically more secure or allows them greater distance in order to consider or deploy a greater variety of Force Avoidance of Deadly Force The escalation of force is the increase in the amount of force used in an escalating conflict situation. Ideally, the situation would allow for a security guard to do a step-by-step increase in the use of force. However, a security guard may be required to jump from one level to a higher level of force based on the amount of resistance to which he/she is confronted. 1. Avoid, Observe and Report A security guard following the principles of Avoid, Observe and Reportwould avoid the conflict and observe the suspect(s) in order to factually report the situation to superiorsand/or law enforcementas soon as possible. The guard would not confront and may literally retreat from the suspect or the conflict situation.
  • 13. 13 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 The security guard would continue to maintain a visual presence by allowing the suspect and other persons to see the security guard. Visual presence: This level is often called a visual deterrence. This means a security guard simply allows him/herself to be clearly seen. The fact that a security guard can be clearly seen by anyone may in itself inhibit a potential conflict situation. For example, if a person is considering committing a crime or engaging in hostile behavior then sees a guard standing or patrolling nearby, that person may NOT commit the crime or engage in hostile behavior. Thus, a potential conflict situation, and the risk of escalation in the use of force by the security guard, may have been avoided because the security guard maintained a visual presence. A security guard can easily maintain a visual presence in a relaxed, alertand non- threatening manner. This in turn may reduce the possibility of force. Physical Stance: Maintain a professional stance and appearance. For example, stand straight and relaxed with your hands raised and open, not in closed fist. UNLESS JUSTIFIED, DO NOT stand in a threatening ready position, such as with a hand on a baton. The more calm and professional a guard’s total physical stance and gestures project, the more likely the guard will be able to de-escalate a situation. Verbal Communication: Engaging in a simple non-threatening, non-hostile verbal communication is often not thought of as a possible show of force. But it can be. There are many other factors involved in effective verbal communication than just talking, especially in tense conflict situations. When engaging the subject in verbal communication be aware of how the following factors can inhibit or promote conflict. Tone of Voice: Speak in a calm and respectful tone. Do not speak in a loud, cursing manner. The more politely one speaks, the more likely another will respond with politeness to the speaker. It is important to be polite and calm in conflict situations, particularly if one is giving a firm directive. This may be hard to do, but one can often keep a situation from escalating and control the situation more effectively. A guard may be far less threatening by saying: “Please, Sir,” or, “excuse me, Miss.” When these words are said in a respectful manner, it can contribute to a person’s cooperation and can prevent a situation from escalating. Physical Control Levels: Physical control levels in escalating order are frequently stated as: slight physical directional touching, harsher physical contact, use of a baton, Remember that these levels many be only for justifiable defensive purposes. A security guard who engagesin physical
  • 14. 14 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 control with a subject must be able to establish that it was reasonable and justified. 20-Criminal Liability A security guard who is armed with a baton must remember that they are subject to all laws –particularly those laws included in the Penal Code, the Civil Code and the Business and Professions Code. A security guard, that uses a baton in violation of the law, may be charged as a defendant in a criminal complaint or indictment filed in court. However, criminal responsibility may be avoided if a baton permit holder uses only that amount of force reasonable under the circumstances to repel an attack or to prevent harm to another or to property under the lawful control of the permit holder. The permit holder will be considered responsible for any marked excess. In any case in which a baton is used or threatened in self-defence, the use of the baton must be reasonable under the circumstances and may be resorted to only if no other alternative means of avoiding the danger is available. In such circumstances, the permit holder must actually be in fear – fear for the permit holder’s or another’s life or injury, or fear of damage to property. And, the conduct of the person that causes such fear must be such conduct as would produce a reasonable person to be in fear for their or another’s life or injury, or fear of damage to property. At the same time, the right of self-defence exists only as long as the real or apparent threatened danger continues to exist. When such danger ceases to appear or exist, the right to use force in self-defence ends. 21-Civil Liability Civil liability can arise completely separate from criminal responsibility. Criminal charges are pursued by public prosecutors. As a separate matter, a permit holder that uses of excessive force that causes injury to another person or damage property – will (in addition to criminal responsibility) be exposed to civil liability – that is, a lawsuit in court. Such a lawsuit may be brought by a person, against a permit holder, even if criminal charges are never threatened or filed. A civil lawsuit, or ‘action,’ can resultin a court order to pay money to a victim in compensation for injuries, losses, suffering, or any damages incurred due to a wrongful act. In extreme cases, a wrongdoer may be ordered to pay additional money damages to a victim in order to punish and to make an example of a wrongdoer
  • 15. 15 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 22-BATON FAMILIARIZATION A. Straight Expandable / Straight Baton Introduction Do not refer to the baton as a "club" or a "nightstick." The correct term is a "straight baton" or “expandable straight baton.” The only difference between the straight and side handle batons are the techniques. Your use of force, liability, responsibilities, target areas, vital areas and first aid; are the same. Description and Definition of a Straight Expandable/Straight Baton The baton is a deadly weapon. Following are specifications for the straightbaton. (Straight batons meeting these specifications are approved for use by uniformed, on-duty security guards.) Material: Wood, synthetic (plastic) substance of equivalent physical properties to the wooden baton (strength, density, and toughness) or aluminum. Length: Solid or expanded, between 16 inches and 36 inches, constant, or two to three section expandable. Weight: Weight in proportion to size as specified by manufacturer. Diameter: 1 inch to 1-1/4 inches. Color: Wood may be brown or black, plastic must be black, metal is black or chrome. Surface: Ends must be rounded blunt; no cutting, ridged, or sharp edges. Loading: There can be No "loading" the inside of the baton with any substance. Grommet: Black rubber; it may be slipped over the baton and placed approximately six to eight inches from the end. Strap: Baton may not be fitted with a thong or strap. The plastic baton is inclined to warp if exposed to directsunlight or heat for a considerable length of time. It may break or snap if powerful contact is made with a hard object such as wood or a metal pipe. You will be at a disadvantage in any confrontation if you become overconfident and/or you do not practice. You must have at your command a series of well-practiced moves, any combination of which you must be able to use instantly and proficiently. One technique may not be sufficient to ward off an attacker. However, if you move smoothly from one technique to another, you will be demonstrating your ability to defend yourself and possibly de- escalate a threatening situation. Remember: Use your baton for DEFENSIVE purposes only. You must be able to justify Annual enrollment in a baton training class will help you retain your proficiency and will reassure your employer that you know when and how to use your baton.
  • 16. 16 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 23-Defensive Techniques Drawing Techniques When you are faced with a dangerous situation that requires drawing and possibly using your baton, the drawing method you choose may have an effect on the suspect and may determine whether the situation will escalate or de-escalate. You should attempt to let the suspect know that, although you have removed your baton to protect yourself, there is still room for talking. Drawing the baton in a rude and threatening manner is never allowed and you could face criminal charges (417 P.C.) Practice drawing over and over again until you no longer need to look at the baton in order to draw or secure the baton back in its holder. There are two important things to remember when confronted with an adversary: • Eye Contact You should become so familiar with the position of your baton that you do not need to look at it to remove it from or replace it in the ring. Your eyes should never leave your adversary. • Show of Competence If you become proficient in drawing the baton, you will show confidence that will be evident to your adversary. This may place him at a psychological disadvantage and may de-escalate the situation immediately. This is not intimidation; it is taking the advantage. All techniques should be taught with emphasis on the following concepts: • Proper balance and self-control • Proper carrying, gripping and holding • Control of the baton from drawing to returning it to its holder • Position of the baton to effectively block and defend • Placement of the baton to non-vital areas of the body when striking Blocking Techniques The purpose of blocking is to stop an object from hitting you. The four areas of the body to protect are: 1. Head 2. Left side of the body 3. Right side of the body 4. Chest and below the waist * The baton should be angled and in a position to stop the object from hitting you and positioned where it can deflectthe force of the blow where possible. REMEMBER THE VITAL AREAS OF THE BODY. While you are practicing, do not forget that you are aiming for the lower abdomen and extremities. REMEMBERTO USE ONLY THAT AMOUNTOF FORCE THAT IS REASONABLE FOR DEFENSE.
  • 17. 17 MMPR SecurityServicesLtd. PolicyonBatons Form P1004, Revised May1st, 2014 Feel free to edit as required and if you do use this document, please give me crediton my linked in profile, thank you, Kevin Oulette, Security Consultant