Use of Force and Firearms

Use of Force

Appendix B: Use of Force Report (PDF)

I. PURPOSE

The purpose of this policy is to provide agents with guidelines on the use of deadly, less lethal, and non-lethal force. Reverence and respect for the dignity of all persons and the sanctity of human life shall guide all training, leadership, and procedures, as well as guide agents in the use of force. This policy adheres to all applicable Federal, State, and Local laws.

II. POLICY

It is the policy of the Field Enforcement Bureau that agents may use only the amount of force, when under the totality of the circumstances, the force is necessary and proportional to prevent imminent threat of physical injury to a person or to effectuate a legitimate law enforcement objective.

The appropriate level of force is based on the facts known to the agent or reasonably available at the time its use becomes necessary. It is recognized that agents are required to make split-second decisions about the amount of force that is necessary in a particular situation. The appropriate level of force is not dependent on alternative approaches to an incident that may have, but were not, utilized.

When time, circumstances, and safety permit, agents should take steps to gain compliance and de-escalate conflict without using physical force. Examples include:

A. The use of verbal advisements, warnings, and persuasion.

B. Attempts to slow down or stabilize the situation so that more time, options, and resources are available.

C. Agents should consider whether a subject’s lack of compliance is a deliberate attempt to resist or is caused by an inability to comply.

D. An agent is required to cease the Use of Force as soon as the person on whom the force is used is under the agent’s control, the person no longer poses an imminent threat of physical injury or death to the agent or another person, or the agent determines the force will no longer accomplish a legitimate enforcement objective.

E. An agent is required to intervene to prevent or terminate the Use of Force by another agent beyond what is authorized under the Use of Force statute.

F. Sanctity of Life pledge: Each agent is required to sign an affirmative Sanctity of Life pledge to respect every human life and act with compassion toward others. These forms will be kept in the agent’s training file.

G. Use of Force Training Completion Affirmation: Each agent is to sign this form acknowledging the agency’s Use of Force policies and that they will comply with these policies. These forms will be kept in the agent’s training file.

III. DEGREE OF FORCE

A. Agents shall use only the degree of force that is objectively reasonable, necessary under the circumstances and proportional to the threat of resistance of a subject. An agent should consider all information known regarding the subject and circumstances, including the seriousness of the crime or suspected offense, the level of threat or resistance presented by the subject, and whether the subject is posing an immediate threat to the agents or a danger to the community.

The use of force proportional to threat or resistance does not mean the agent should use only the force that is equivalent to what they encounter. When agents make the determination to use force, they must use only that force necessary to terminate the threat or resistance presented rapidly and with consideration of the potential of injury to the subject, the agent, and the other individuals present.

B. Any agent who observes another agent using force that is clearly beyond that which is objectively reasonable under the circumstances shall intercede, when feasible, to prevent the use of such excessive force, so long as doing so does not pose a safety risk. Agents shall immediately report these observations to a supervisor and document the observations prior to the end of the shift.

IV. DEADLY FORCE

A. An agent may use deadly force when the agent reasonably believes that the action is in defense of human life, including the agent’s own life, or in defense of any person who is in immediate danger of serious physical injury.

B. An agent may use deadly force to prevent the escape of a suspect fleeing from a felony of violence whom the agent has probable cause to believe will pose an immediate threat to human life should escape occur.

C. An agent may not use an intentional chokehold, neck hold, stranglehold, lateral vascular neck restraint, carotid restraint or any other use of physical force that restricts oxygen or blood flow to the head or neck, except in the case of the use of deadly force in the defense of human life as authorized by this index code.

D. The circumstances surrounding every use of deadly force will be highly examined during post-incident review.

V. FIREARMS REGULATIONS

A. Before discharging a firearm for a law enforcement purpose, the agent shall identify themselves and state their intent to shoot, where feasible.

B. Warning shots are prohibited.

C. Agents may not discharge firearms from moving vehicles.

D. Agents may not carry firearms when consuming alcoholic beverages unless participating in a covert investigation as authorized by the Director.

E. Agents may not carry firearms when under the influence of alcohol or drugs, or when under the influence of medication that may hinder judgment or motor coordination.

F. Firearms may not be discharged when it appears likely that an innocent person may be injured.

G. An agent may discharge a firearm to destroy an animal that represents a threat to public safety, or as humanitarian gesture where the animal is seriously injured.

H. An agent may discharge a firearm during range practice and/or qualification.

VI. LESS LETHAL FORCE

Agents, who are properly trained and certified, are authorized to use agency issued less-lethal weapons. Less-lethal weapons are designed to provide agents with options during use of force incidents. Less-lethal weapons may be used to resolve incidents in a less-lethal manner, to protect agents and other persons from harm, to protect a suspect/subject from self-inflicted injury, or to end incidents involving combative, or violent suspects. Agents shall not interpret this policy to mean that a less-lethal weapon replaces the use of deadly force when deadly force is justified. During situations where less-lethal weapons are deployed and deadly force is justifiable, lethal cover must be provided for the less-lethal weapon operator.

Currently, the agency approves the following less lethal weapons: OC Spray and the ASP Baton.

VII. NON-LETHAL FORCE

Agents are authorized to use agency approved non-lethal force techniques/personal weapons to protect themselves or others from physical harm, to restrain or subdue a resistant individual, and to bring an unlawful situation safely and effectively under control. This does not authorize the use of non-lethal force/personal weapons because a subject is resistant through mere non-compliance unless the subject’s actions present an obvious safety threat.

Agents must assess each incident to determine which non-lethal force technique or weapon will best deescalate the situation and bring it under control in a safe manner.

VIII. MEDICAL AID

Agents are responsible for obtaining medical aid for individuals who complain of or show signs of injury because of any use of force.

Agents will request an ambulance and begin medical evaluation and care of such individuals as soon as practical. Fire Department emergency medical personnel at the scene of an incident will assess the need for further medical care beyond that provided at the scene.

IX. WEAPONS & AMMUNITION

Only weapons and ammunition meeting division specifications may be used by agents carrying out authorized law enforcement responsibilities, both on and off duty. A list of all such weapons and ammunition appears in Index Code 403.

X. REPORTING USES OF FORCE

A. Incidents Requiring Written Report

A written report is required whenever:

An agent discharges a firearm, except in the following circumstances:
1. The firearm was discharged for training purposes.
2. The firearm is discharged for recreational purposes.
An agent takes an action that results in (or is alleged to have resulted) in injury or death of another person.
An agent applies force using lethal, less-lethal, non-lethal, personal weapon (i.e., punches, elbow strikes, knee strikes, kicks), or a weapon of opportunity.

A Use of Force report is not required in those instances where a firearm is displayed to assure agent safety or when using weaponless, hand-to-hand control techniques that have little or no chance of producing injuries when gaining control over, or subduing, non-compliant or resisting persons.

The Use of Force report does not replace the Incident Report or revoke any current reporting requirements. It is to be submitted in addition to any reports that are currently required.

B. Agent’s Responsibilities

Agents will immediately report to his or her supervisor any use of force or firearm discharge. Exception: Firearm discharge during range practice or qualification.
Agents will complete or provide information for the completion of the following documents before the end of their tour of duty. Any delay in submission requires approval of their immediate supervisor:
1. Incident Report: Each agent is required to complete their own or supplemental report to document their explanation and articulation of the specific facts, and reasonable inferences from those facts, which justify their individual use of force. Exception: An agent who uses deadly force, force that causes death or serious injury, or discharges their firearm in any other manner deemed to be a use of force incident, will not prepare the initial report; in those instances, the incident report will be completed by another agent. The agent who used such force may be later ordered to write a supplemental report. In cases where an Agent discharges their weapon in destroying seriously injured or aggressive wildlife or an accidental discharge, the agent will complete an incident report.
2. Use of Force Report as outlined in Section A. The Use of Force Report will be completed by the agent using force. A separate Use of Force Report will be used for each involved citizen. If there is more than one agent involved in the use of force incident, then the initiating agent will complete the Use of Force Report and each other agent involved will complete a supplemental report advising what they witnessed and what they did during the incident. The agent’s justification will be reviewed to determine whether the force used was in or out of policy.
3. Charging documents, if applicable. Exception: An agent who uses deadly force or force that results in death or serious injury will not complete any charging documents. Another agent or any allied law enforcement agency Police Officer that may be called to assist with any necessary follow-up investigation, may complete charging documents in these cases, as directed by a supervisor.
Off-duty agents who are involved in a reportable use of force incident will immediately report the event to any available supervisor and are required to fulfill all the reporting requirements of this directive.

C. Supervisor Responsibilities

A supervisor is responsible for the following actions:

Respond to the scene of any Use of Force incident where injury occurs, unless exigent circumstances exist which prohibit the notified supervisor from responding to the scene.
Gather and review any known video of the use of force incident, including business surveillance video, other agency Body Worn Camera videos and other sources. If the video source is not available, the supervisor will arrange to obtain a copy as soon as possible.
Ensure that any agent involved in a reportable use of force event fulfills the requirements of this directive. In the event the involved agent is physically unable or is involved in a deadly force or a firearm discharge incident as described in Section A, the supervisor will complete the Use of Force report in those situations.
Ensure that all witness agents complete a written report documenting all activities/actions taken.
Review all reports and, if applicable, charging documents, for accuracy and completeness. Ensure all finalized reports have all pertinent information and then approve completed reports.
If a Use of Force event occurs while an agent is off duty, the Agent involved is required to notify a supervisor as soon as possible. If the agent is injured or unable to make notification, a supervisor will respond as soon as it becomes known to the agency.
Once notified of a Use of Force event, the supervisor who is notified will keep the chain of command informed as to all aspects of the investigation.
If the agent is injured, complete the First Report of Injury Report, authorization for medical treatment form, and any other required worker’s compensation or administrative reports.

XI. AGENCY RESPONSE

A. Deadly Force Incidents

A supervisor will respond and render assistance to the affected agent, secure all weapons used in the incident for the incident investigator, ensure that the agent receives or is scheduled for traumatic counseling arranged by the agency, relieve the agent from line of duty pending traumatic counseling and administrative review, and submit a written report of his or her activities.
Notify the local or state law enforcement agency with authorized jurisdiction in cases involving use of deadly force; allied enforcement agencies will be asked to assume further investigation, to include ensuring the Office of the Attorney General’s Special Investigations Unit is notified.
A member of Peer Support will respond to the scene if requested by the involved agent.
When an agent’s use of force causes death or serious injury, the agent shall be placed on administrative leave by the Bureau Director or designee until:
1. A mental health professional determines that the agent is ready to return to duty.
2. The Bureau Director reviews the incident to ensure the appropriate investigation has concluded.
3. The final determination has been made by the appropriate prosecuting authority that the use of force was justified and no criminal charges against the agent are warranted.
The Bureau Director will oversee a detailed administrative investigation of every incident where an agent employs deadly force, and where an agent discharges a firearm, other than for training or recreational purposes. The Deputy Director or designee will submit a report on each review of deadly force or discharge of a firearm. This report will be completed and submitted to the Director within 21 days of the Bureau’s Deputy Director or designees’ receipt of a report requiring review. The report will include the relevant facts and circumstances surrounding the incident and a conclusion as to whether the agent’s actions were in violation of any policy that may require further investigation.

B. Uses of Force

All reported uses of force will be reviewed to determine whether:

FEB rules, policies, or procedures were violated.
The relevant policy was clearly understandable and effective to cover the situation.

This administrative review is conducted by the Bureau Deputy Director or designee. Each Use of Force Report will be forwarded via chain of command to the Director, and each Supervisory Agent in the chain will review and sign the report.

If the administrative review determines that the use of force violated bureau policy, the Bureau Director will refer the case to the Deputy Director or designee for investigation.

A report of the investigation will be submitted to the Director within 30 days of its initiation for review. If the investigator is unable to meet the report submission deadlines established in this directive, the investigator must notify the Director requesting an extension.

XII. DISCLAIMER

The Field Enforcement Bureau’s policy on the use of force is for Bureau use only and does not apply in any criminal or civil proceeding. FEB’s policy will not be construed as the establishment of a higher legal standard of safety or care with respect to third party claims.

XIII. CANCELLATION

None