Pepper spray is deployed as an additional law enforcement tool and is not intended to replace firearms or self-defense techniques. Pepper spray may be used to control a dangerous or violent subject when deadly physical force does not appear to be justified and/or necessary; or attempts to subdue the subject by other conventional tactics have been, or will likely be, ineffective in the situation at hand; or there is reasonable expectation that it will be unsafe for officers to approach within contact range of the subject.
Pepper spray is designed to restrain violent individuals where alternative restraint tactics have been or are reasonably likely to fail and/or where it would be unsafe for officers to approach a subject to apply restraints.
The department approved pepper spray is a Oleoresin Capsicum (OC) solution contained in an aerosol canister.
Pepper spray will be issued upon request to, and used only by officers who have completed OC training during BLET or the department's pepper spray training program. Pepper Spray may be used by employees in accordance with the "Use of Force Options" section of this policy and the guidelines listed below. The department subscribes to the following rules, which were developed by the North Carolina Justice Academy.
- Officers shall use the least amount of force necessary to safely and humanely control hostile and physically aggressive subjects.
- Officers using OC Spray on a person shall complete a Use of Force Supplement documenting such use prior to their end of tour of duty.
- The Logistics Officer will maintain a log of all OC canisters issued to members of the department.
- OC shall only be carried and used in a manner that is consistent with the training provided during BLET or that is provided by the UNCG Police Department.
- Officers shall monitor subjects closely and seek medical attention for any subject sprayed with OC if, after forty-five minutes, there is no lessening or decrease in the severity of the subject's physical symptoms.
- Officers may initially place a subject in the prone position to secure the subject in handcuffs; however, once this has been accomplished, the officer shall not place the subject(s) sprayed with OC in a prone position on the ground or in a police vehicle.
- The use of OC in situations involving passive resistance protestors, large crowds of people involved in passive resistance behavior or post game celebrations must be approved by the Chief of Police. The use of OC Spray is permitted without the approval of the Chief of Police to control individuals in large crowds who are involved in assaultive/violent behavior.
- Intentional misuse of OC, including horseplay, is strictly prohibited.
Supervisors will conduct inspections of OC Spray equipment when conducting personnel and equipment inspections of their assigned personnel. All canisters deemed unserviceable will be turned in to the department's Logistics Officer and a serviceable canister will be reissued to the officer. Deficiencies will be noted on the supervisor's inspection report.
All personnel will receive biennial OC Spray familiarization and policy review training by a certified OC Spray instructor. During this training, OC Canisters will be inspected for serviceability. All canisters deemed unserviceable, will be turned in to the department's Logistics Officer and a serviceable canister will be reissued to the officer. Deficiencies will be noted on an inspection report.
Once a subject has been sprayed with pepper spray and has been properly handcuffed, the subject should receive care. While no medical attention should be necessary to eliminate the effects of the pepper spray, the following steps will aid the subject's recovery:
- Since a subject's eyes will normally be closed for a period of time after being sprayed with OC, officers shall assist the subject when walking or moving after the subject is handcuffed, until the effects of the OC are sufficiently diminished.
- Subjects sprayed with OC will fully recover from the effects without any special treatment or aftercare, with almost full recovery in about forty-five (45) minutes. If a person has not recovered within forty-five minutes, officers shall transport the subject to the Emergency Room.
- Officers may assist subjects in recovering from the effects of OC more quickly by allowing the subject to rinse his/her face and eyes with cool water. However, this should only be done when it is safe and feasible to do so.
The officer who has taken the subject into custody will complete a Use of Force Supplement attached to the officer's incident report by the end of their shift.
