NFDs

Question 1

What legal framework governs the use of noise-flash devices (NFDs)?

Answer 1

NFD use is considered a use of force governed by the Fourth Amendment. Based on Boyd v. Benton County (June 28, 2004 9th Circuit). All team members are responsible for proper NFD use. “Deadly Force” creates substantial risk of death or serious bodily injury (Smith v. City of Hemet, January 10, 2005).

Question 2

What are the training requirements for NFD deployment?

Answer 2

• All METRO and VCET personnel shall be properly trained on the carrying and deployment of diversionary devices
• This training will include instruction from a certified instructor or product manufacturer and
• will include complete both classroom and practical deployment of a diversionary device in a training environment.

Question 3

What are the four key factors to consider before NFD deployment?

Answer 3

1) Does the crime being investigated involve the use or the threat to use
violence likely to cause serious injury?

2) Does the suspect have a criminal history involving violence and the use of
weapons?

3) Does the suspect have access to deadly weapons?

4) Are there other factors that would lead a reasonable officer to believe that
the suspect will be violent (Example: statement by the suspect to others the
he will force a violent confrontation with police.)

Question 4

What situations generally prohibit NFD use without exigent circumstances?

Answer 4

Officer believes:

1. Presence of young children
2. Presence of elderly persons
3. Presence of persons with serious medical conditions
4. Areas with dangerous chemicals/explosives
5. Areas with extreme fire danger
6. Areas with other environmental hazards.

Question 5

Under what circumstances can METRO/VCET personnel deploy NFDs?

Answer 5

1. Under exigent circumstances to protect officer or another person (exigency: immediate threat of serious injury and use of diversionary device would increase the safety of the officer or other person)
2. At MERGE supervisor’s direction during CRT event
3. When necessary, during a CRT event, in the event a suspect attempts to
   escape a perimeter, exterior NFDs have been authorized, and other means
   of containing the suspect are not practical.
4. While conducting a pre-planned operation (search warrant, arrest warrant
   apprehension, etc.), the use of a diversionary device will only be used at
   the approval of an on-scene supervisor, unless there are exigent
   circumstances. Additionally, the on-scene supervisor must confer with the
   METRO / VCET Unit Commander about the use of a diversionary device
   and the Unit Commander must authorize the deployment.

Question 6

Define “exigent circumstances” in the context of NFD deployment.

Answer 6

A situation where:

• There is an immediate threat of serious injury to officer or another person
• AND the use of diversionary device would increase safety
• This allows deployment without normal authorization requirements.

Question 7

What is the primary justification for using NFDs against armed/dangerous suspects?

Answer 7

NFDs may be used when:
- encounter suspects are believed to be armed and/or dangerous,
- where it is believed that the distraction created by the deployment of a diversionary device would increase safety of officers involved in the operation.

Question 8

What is the chain of authorization for NFD use in pre-planned operations?

Answer 8

While conducting a pre-planned operation the use of a diversionary device will only be used at the approval of an on-scene supervisor, unless there are exigent
circumstances. Additionally, the on-scene supervisor must confer with the
METRO / VCET Unit Commander about the use of a diversionary device and the Unit Commander must authorize the deployment.