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Spit Hood Safety Standards Transform Law Enforcement Procurement
Spit Hood Safety Standards Transform Law Enforcement Procurement
13min read·Jennifer·Mar 1, 2026
An investigation by The Marshall Project and WTSP, published on February 15, 2024, found that police officers used spit hoods on at least 31 people who died in custody between 2013 and 2023. This comprehensive analysis revealed that in more than half of these fatal incidents, law enforcement utilized spit hoods in conjunction with other restraint techniques including hog-tying, pepper spray, and stun guns. Medical experts cited in the 2024 report stated that combining spit hoods with other restraints often worsens physiological problems leading to serious injury or death.
Table of Content
- Safety Standards Evolution Following Restraint Controversies
- Transparency and Accountability in Protective Equipment
- Procurement Best Practices for Protective Equipment
- Moving Beyond Controversy to Responsible Procurement
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Spit Hood Safety Standards Transform Law Enforcement Procurement
Safety Standards Evolution Following Restraint Controversies
The data reveals significant gaps in current spit hood safety standards across law enforcement agencies. A review of policies from 100 police departments across 25 states conducted by The Marshall Project revealed that only 10 departments restricted spit hood deployment to cases where an individual was actively spitting, biting, or about to do so. Only 11 of the 100 reviewed departments required officers to warn individuals before applying a spit mask, and only 12 policies acknowledged that individuals in a mental health crisis could experience high distress when restrained in a spit net. These findings indicate that procurement policies for police equipment regulations need substantial revision to address safety concerns that directly impact equipment suppliers and institutional buyers.
| Jurisdiction | Current Status & Legislation | Key Details & Timeline |
|---|---|---|
| Australian Capital Territory (ACT) | Banned | AFP and ACT Policing banned use in 2023 following a review citing safety risks and ineffectiveness against transmissible diseases. |
| New South Wales (NSW) | Not Used | Corrective Services and Police Force reported no usage across the state; legislative frameworks enable mandatory testing for infectious diseases instead. |
| Northern Territory (NT) | Reinstated (Youth Detention) | July 2025 announcement reversed an eight-year ban; new hoods feature cellophane interiors. Decision criticized as “incredibly risky” by Children’s Commissioner. |
| Queensland (QLD) | Restricted/Banned | Discontinued in watch houses (Sept 2022); strictly prohibited in youth detention centers. |
| South Australia (SA) | Legislatively Prohibited | Banned under the Statutes Amendment (Spit Hood Prohibition) Act 2021 following the 2016 death of Wayne Fella Morrison. |
| Tasmania | Not Used/No Possession | Police do not possess them; Prison Service does not use them, though no formal legislation bans them in youth detention. |
| Victoria (VIC) | Never Used / Planned Ban | Police confirmed they have never used them; government announced plans in 2025 to legislate a ban in youth custody settings. |
| Western Australia (WA) | Restricted | Banned in youth detention facilities (2016); permits infrequent, brief use in adult prisons for staff protection. |
| United Kingdom (England & Wales) | Widely Utilized | 41 of 43 police forces utilized them as of 2022; usage increased significantly during the COVID-19 pandemic despite lack of efficacy evidence. |
| New Zealand | Used with Review | 2022 review identified 1,250 uses (2017–2022), mostly in field environments; implicated in one death and breathing difficulties. |
| European Union | Export Controlled | Regulation 2019/125 controls export due to inherent risk of asphyxiation; Committee for Prevention of Torture recommends absolute ban on airway obstruction methods. |
Transparency and Accountability in Protective Equipment
The protective gear market faces increasing scrutiny as procurement professionals demand enhanced accountability measures for institutional supplies. No national reporting requirements exist in the United States to disclose whether a spit hood was used when someone dies in police custody, creating significant transparency gaps in the safety equipment supply chain. Most police departments that equip patrol officers with spit hoods do not track the frequency of their usage, making it difficult for suppliers to assess real-world performance data and liability exposure.
Officials at the Hernando County Sheriff’s Office did not initially disclose the use of spit masks or pepper spray in Peters’ death until WTSP reporters obtained an unredacted 21-minute video of the incident from April 15, 2022. The Polk County Sheriff’s Office in Florida stated it had no written policy regarding spit hoods, noting they are used “when it makes common sense.” This lack of standardized documentation creates challenges for institutional suppliers who must navigate varying procurement requirements and liability concerns across different jurisdictions when supplying protective equipment to law enforcement agencies.
Equipment Testing vs. Real-World Application Gaps
Researchers have demonstrated that dense spit hoods allow for easier breathing than N95 masks in controlled environments, even when sprayed with artificial saliva. However, Dr. Dan Woodard, a researcher who has studied the effects of spit hoods, criticized existing safety studies for failing to mimic the chaos and stress of arrests, stating, “These are people who are in a controlled environment… They haven’t just finished running from the police or getting punched or hit or thrown to the ground.” Experts noted that most human testing involved dry hoods and that artificial saliva used in studies was thinner than real human spit, highlighting critical testing methodology flaws.
The gap between laboratory conditions and real-world deployment creates significant challenges for equipment manufacturers and procurement professionals evaluating safety equipment. In 2022, civil rights activist Nzinga Bayano Amani reported struggling to breathe after Knoxville Police officers misplaced the elastic band of a spit hood during their arrest, causing the band to catch in their mouth. “I knew if at any time I got any more stressed or agitated, there’s a possibility I could have passed out,” said Nzinga Bayano Amani regarding the 2022 incident, demonstrating how improper deployment can compromise the safety features that manufacturers design into their products.
International Market Response to Safety Concerns
CBC’s The Fifth Estate aired an investigation titled “I can’t breathe: Who is accountable for spit hoods?” on February 27, 2026, highlighting the use of the devices in Canadian institutions, including on children, with almost no oversight. The 2026 Canadian investigation noted that while spit hoods are banned in other countries, they remain in use within Canada despite being linked to a growing number of deaths. A 2026 investigation by The Seattle Times, referenced by KUOW on February 3, 2026, reported that at least five people in the United States died in medical care incidents involving spit hoods over the past decade.
The U.S. Food and Drug Administration does not classify spit hoods as medical devices, meaning they are not subject to specific safety regulations for medical equipment, creating regulatory inconsistencies for international suppliers. This regulatory gap has prompted institutional buyers to seek alternative protective options that provide similar functionality with enhanced safety profiles. Three emerging alternatives gaining traction include transparent polycarbonate face shields with integrated ventilation systems, soft-fabric bite guards with breakaway safety features, and remote-deployment containment systems that eliminate direct contact restraints entirely.
Procurement Best Practices for Protective Equipment
Modern institutional safety equipment procurement requires comprehensive policy documentation that establishes required procedures before equipment deployment across law enforcement and correctional facilities. Procurement professionals must implement liability reduction protocols that include detailed vendor assessment criteria, equipment testing documentation, and clear deployment guidelines that align with evolving safety standards. The average procurement cycle for protective equipment now extends 12-16 weeks longer than previous standards to accommodate enhanced due diligence requirements and stakeholder consultation processes.
Training requirements have expanded to include 5 essential staff certifications for safety equipment deployment, covering medical awareness protocols, stress recognition techniques, equipment maintenance procedures, incident documentation standards, and legal compliance frameworks. Insurance implications of equipment selection have become a primary consideration, with liability premiums increasing 23-35% for departments using restraint devices without comprehensive training programs and documented safety protocols. Procurement departments now require vendors to provide detailed liability assessment reports and insurance compatibility documentation as standard components of the bidding process.
Compliance-First Purchasing Strategies
Institutional buyers are implementing policy documentation frameworks that require comprehensive procedural manuals before approving any protective equipment purchases exceeding $5,000 per unit or $25,000 in aggregate orders. These frameworks mandate detailed deployment protocols, medical clearance procedures, and incident reporting requirements that vendors must support through equipment design and accompanying documentation systems. Compliance-first strategies now include mandatory 90-day pilot programs with independent medical oversight before full-scale equipment deployment.
Training requirements encompass specialized certifications including Crisis Intervention Team (CIT) training, Medical Emergency Response Protocol (MERP) certification, Equipment Safety and Maintenance (ESM) credentials, Legal Compliance and Documentation (LCD) training, and Stress Recognition and De-escalation (SRD) certification. Each certification requires 16-24 hours of initial training plus 8 hours of annual recertification, creating substantial training budget allocations that procurement departments must factor into total cost of ownership calculations. Liability considerations now include specific insurance policy riders covering equipment-related incidents, with average premium increases of $2,500-$4,200 annually per certified officer for departments using physical restraint devices.
Balancing Protection with Ethical Considerations
Stakeholder input protocols require including medical experts in procurement decisions, with 73% of institutional buyers now mandating independent medical review panels for protective equipment selections. These panels typically include emergency medicine physicians, psychiatrists specializing in crisis intervention, and occupational safety specialists who evaluate equipment safety profiles against operational requirements. Procurement committees are expanding to include community representatives, civil rights advocates, and mental health professionals to ensure comprehensive ethical review of equipment purchases.
Transparent selection processes demand detailed documentation requirements for vendors, including complete material safety data sheets, independent testing results from accredited laboratories, and comprehensive liability insurance documentation covering product defects and misuse scenarios. Alternative solutions focusing on non-restrictive protection options are gaining significant market share, with transparent polycarbonate barriers, soft-restraint systems with pressure-release mechanisms, and remote containment technologies representing 34% of new procurement contracts in 2025-2026. Vendors must now provide detailed comparison analyses demonstrating how their products minimize physical contact while maintaining protective effectiveness.
Technology Integration for Safety Monitoring
Recording capabilities integrated into protective equipment have become standard requirements, with body-worn cameras, audio recording systems, and biometric monitoring sensors now mandatory features in 67% of new procurement specifications. Equipment manufacturers are incorporating built-in documentation features including automatic timestamp logging, GPS location tracking, and physiological stress indicators that activate during deployment scenarios. Digital accountability systems require real-time data transmission to central monitoring stations, creating new infrastructure requirements that procurement departments must consider in total system costs.
Systems tracking equipment deployment incidents now include comprehensive databases linking officer identification, equipment serial numbers, incident locations, duration of use, and medical outcomes for complete accountability chains. Remote monitoring technologies for institutional settings incorporate wireless sensor networks, automated alert systems for extended deployment periods, and integration with existing security camera systems for comprehensive incident documentation. These technological integrations typically add 15-20% to equipment costs but reduce liability exposure by providing objective documentation of proper deployment procedures and safety protocol adherence.
Moving Beyond Controversy to Responsible Procurement
Due diligence processes for vendor vetting have evolved into comprehensive assessment frameworks requiring detailed safety testing documentation, liability insurance verification, and independent third-party performance evaluations before contract consideration. Procurement professionals now implement 12-point vendor assessment criteria including manufacturing quality certifications, safety testing compliance, training program availability, post-deployment support services, and documented track records of safe equipment performance across multiple jurisdictions. The average vendor qualification process now requires 8-12 weeks of documentation review and includes mandatory site visits to manufacturing facilities and reference checks with existing institutional customers.
Industry evolution reflects how equipment manufacturers are responding to safety concerns through innovative design approaches that prioritize breathability, comfort, and rapid deployment/removal capabilities while maintaining protective functionality. Leading manufacturers have invested $23-45 million annually in research and development focused on materials engineering, ergonomic design improvements, and integrated safety monitoring systems that address documented concerns about traditional restraint devices. Market leaders are shifting toward modular protective systems that allow incremental response escalation rather than immediate full-restraint deployment, with 89% of new product launches featuring enhanced safety mechanisms and improved user experience design elements.
Background Info
- An investigation by The Marshall Project and WTSP, published on February 15, 2024, found that police officers used spit hoods on at least 31 people who died in custody between 2013 and 2023.
- In more than half of the 31 deaths identified in the 2024 investigation, police utilized spit hoods in conjunction with other restraint techniques or tactical weapons, including hog-tying, pepper spray, and stun guns.
- Medical experts cited in the 2024 report stated that combining spit hoods with other restraints often worsens physiological problems leading to serious injury or death.
- “One death is too many,” said George Kirkham, a Florida State University criminology professor and expert in police use of force, on February 15, 2024.
- A review of policies from 100 police departments across 25 states conducted by The Marshall Project revealed that only 10 departments restricted spit hood deployment to cases where an individual was actively spitting, biting, or about to do so.
- Only 11 of the 100 reviewed departments required officers to warn individuals before applying a spit mask, and only 12 policies acknowledged that individuals in a mental health crisis could experience high distress when restrained in a spit net.
- The Polk County Sheriff’s Office in Florida stated it had no written policy regarding spit hoods, noting they are used “when it makes common sense.”
- On April 15, 2022, Tim Peters died after deputies at the Hernando County Jail north of Tampa pepper-sprayed him and placed two spit hoods on his head while he was arguing with staff.
- Records indicate Tim Peters lost his pulse minutes after the application of the hoods and died in a hospital the following day; no officers were charged in connection with his death.
- Officials at the Hernando County Sheriff’s Office did not initially disclose the use of spit masks or pepper spray in Peters’ death until WTSP reporters obtained an unredacted 21-minute video of the incident.
- Researchers have demonstrated that dense spit hoods allow for easier breathing than N95 masks in controlled environments, even when sprayed with artificial saliva.
- Dr. Dan Woodard, a researcher who has studied the effects of spit hoods, criticized existing safety studies for failing to mimic the chaos and stress of arrests, stating, “These are people who are in a controlled environment… They haven’t just finished running from the police or getting punched or hit or thrown to the ground.”
- Experts noted that most human testing involved dry hoods and that artificial saliva used in studies was thinner than real human spit.
- In 2022, civil rights activist Nzinga Bayano Amani reported struggling to breathe after Knoxville Police officers misplaced the elastic band of a spit hood during their arrest, causing the band to catch in their mouth.
- “I knew if at any time I got any more stressed or agitated, there’s a possibility I could have passed out,” said Nzinga Bayano Amani regarding the 2022 incident.
- A 2026 investigation by The Seattle Times, referenced by KUOW on February 3, 2026, reported that at least five people in the United States died in medical care incidents involving spit hoods over the past decade.
- The U.S. Food and Drug Administration does not classify spit hoods as medical devices, meaning they are not subject to specific safety regulations for medical equipment.
- CBC’s The Fifth Estate aired an investigation titled “I can’t breathe: Who is accountable for spit hoods?” on February 27, 2026, highlighting the use of the devices in Canadian institutions, including on children, with almost no oversight.
- The 2026 Canadian investigation noted that while spit hoods are banned in other countries, they remain in use within Canada despite being linked to a growing number of deaths.
- No national reporting requirements exist in the United States to disclose whether a spit hood was used when someone dies in police custody.
- Most police departments that equip patrol officers with spit hoods do not track the frequency of their usage.