AMB 3000 CBP Use Of Force Flashcards
Discuss the Fourth Amendment as it relates to use of force.
Identify major court decisions that have established how use of force incidents are evaluated.
Identify the CBP use of force policy.
Perform threat analysis and respond appropriately
Describe circumstances in which the use of force may escalate or de-escalate
Identify CBP policies and requirements governing the use and carrying of service weapons by AMO agents
Describe the AMO weapons policies aboard service vessels or aircraft
What is the basic use of force policy?
Use of force must be reasonable and necessary
Reasonable = objectively reasonable, based on the totality of circumstances known by the agent at the time of the use of force
Necessary = reasonably required to carry out law enforcement duties in a given situation
What does “totality of circumstances” mean?
Factors that include:
- severity of crime
- imminent threat to officer/others
- resistance
- fleeing
- foreseeable risk to subject/others
- level of training, mental attitude, strength, age, size of agent
- level of training, mental attitude, strength, age, size of subject
- presence of other agents, subjects, or bystanders
- subjects propensity for violence/statements of intent
- prior intelligence
- subject vehicle speed and type
- environment conditions
Note: race/sex does not factor in
What are some circumstances when use of force may escalate or de-escalate?
Totality of circumstances and situation result in use of force windows “opening and closing”
Escalate or “Window Opening” = SIRF
De-escalate or “Window Closing” = resistance ceases or incident under control
Note: agents are not required to meet force with equal or lesser force, do not have a duty to retreat, and are not required to wait for an attack before using reasonable force to stop a threat
What is CBP policy on the use of a “warning”?
When Feasible…prior to application of force an agent must attempt to identify himself and issue a verbal warning to comply with the instructions.
Not feasible when delay by issuing the warning is likely to:
- increase danger to agent, victims, or bystanders
- result in destruction of evidence
- allow for subject’s escape
- result in commission of crime
Note: if agent issues warning, should believe subject can comprehend the warning and should give a reasonable opportunity to voluntarily comply before using force
What must be done following any incident involving use of force as it relates to medical assistance?
Seek medical assistance to any person who appears, or claims, to be injured
What are the different levels of “resistance”?
Passive resistance = not an immediate threat or flight risk (but is not cooperative) Active resistance = physical attributes being used to resist agents control efforts (not directed toward the agent but rather intend to thwart agents control efforts) Mechanical resistance = a type of active resistance where an object is used to increase the effectiveness of resistance (physically securing or holding on to another object) Assaultive resistance (physical injury) = aggression or violence that causes or has potential to cause physical injury to agent, others, or self (includes subjects attempts to make physical contact in an attempt to control or assault the agent) Assaultive resistance (serious bodily injury/death) = aggression or violence that causes or has the potential to cause serious bodily injury or death to agent, others, or self
What is the definition of “Deadly Force”?
Force likely to cause serious bodily injury or death of a person
What is the definition of “Less Lethal Force”?
Force not likely or intended to cause a serious bodily injury or death to a person
What is the definition of “Serious Bodily Injury”?
A physical injury that involves:
disfigurement
loss or impairment of the function of a bodily member, organ, or mental faculty
A substantial risk of death
What is CBP’s policy on “Use of Safe Tactics”
Employ tactics and techniques that bring incident under control with safety of agent/public and minimize risk of unintended injury or property damage.
Therefore agents should avoid:
- positions with no alternative to using deadly force
- standing directly in front or behind subject vehicles (even to block)
- discharging their firearms in response to thrown or launched projectiles (unless deadly use of force required)
What is CBP’s policy towards improper use of force?
CBP LEOs have a duty to intervene to prevent or stop a perceived use of excessive force by another agent (unless doing so places agent in fear of death or serious injury)
If you have knowledge of improper use of force, report it to chain of command/OPR
Failure to do so is misconduct
Can a firearm be discharged as a warning?
No, prohibited
Except for…
Can a firearm be discharged as a distress signal?
Yes, permitted in emergency situations
“Unplanned event or existent circumstance that occurs with no advanced warning, rapidly evolves, and which requires a reactive response to address an imminent threat”
What is CBP policy on firearm use and animals?
May be used in self-defense or in defense of another person to prevent an imminent attack by an animal.
(May also be used to euthanize an animal that appears to be seriously injured or diseased)
Does not constitute a use of deadly force
Is the act of establishing a grip, drawing a weapon, or pointing a weapon constitute the use of deadly force?
No, establishing a grip, drawing a weapon, or pointing a weapon does not constitute the use of deadly force
Agents shall not discharge their firearms at the operator of a moving vehicle, vessel or aircraft unless…
Deadly force is necessary. Meaning:
PC the operator poses an imminent danger of serious bodily injury to the agent or to another person
(Does not include a moving vehicle merely fleeing from agents, unless vehicle or escape of subject poses imminent threat to agent or other)
Also, take into consideration hazard of uncontrolled conveyance
Can firearms be used solely to disable motor vehicles, vessels, aircraft, or other conveyances?
No
Except…
What is CBP’s policy as it relates to the IBB (International Boundary Barriers)?
An individual cutting, destroying, or attempting to destroy IBB is committing or has committed, one or more crimes. Therefore, reasonable and necessary force may be used to apprehend the individual. All other policies remain the same:
- when feasible, issue verbal warning, and affords subject opportunity to voluntarily comply
- must cease use of force, and seek medical assistance, when criminal activity ceases or incident is under control
- may only use deadly force when imminent threat of death or seriously bodily injury to agent/others
While performing uniformed law enforcement duties, agents who carry firearms are also required to _____?
Carry one or more less-lethal device(s):
OC spray
ECW (electronic control weapon)
CSB (Collapsable straight baton)
Absent circumstances where deadly force would be reasonable, what “empty hand” techniques are prohibited?
choke holds, neck restraints, and/or any other restraint technique that applies prolonged pressure to the neck that may restrict blood flow or air passage
Can a less-lethal device be used as a deadly force?
Yes, assuming deadly force is objectively reasonable, a less-lethal device (or any other weapon) may be used in a manner that could reasonably cause death or serious bodily injury
What are “contact controls”, and when can they be used?
Strategic positioning, escort holds, join manipulation or immobilization, or touch pressure point stimulation
subject offering a minimum = passive resistance
What are “empty- hand strikes” and when can they be used?
Strike pressure point techniques can be used as a compliance tool
Subject offering minimum = active resistance
Other strikes (punches, kicks, etc.) can be used as a defensive tactic Note: can not intentionally target the throat or spine
Subject offering minimum = Assaultive resistance
What is OC spray, and when can it be used?
Spray used as a compliance tool
Note: don’t use on small children, visibly pregnant women, operators of motor vehicles
Subject offering minimum = active resistance
What are some considerations of OC spray for carry and use?
Carry = prohibited in CBP aircraft (except for tiny exception), also not permitted in cabin of commercial aircraft so must place in checked baggage
Use = do not use on small children, visibly pregnant, and operators of motor vehicles
If used, decontaminate subjects once secured and searched
When may the CSB be used, and what acts are prohibited when using less-lethal force?
Defensive tool
Subject offering minimum = Assaultive resistance
Prohibited acts:
- “come along” hold to the neck area
- intentional strikes to the head, the neck, the face, the groin, the solar plexus, the kidneys, or the spinal column
What is an ECW and when can it be used?
Electronic Control Weapon designed to deliver short duration electronic pulses
Subject offering a minimum = active resistance that may result in injury to themselves or to another person
What are polices regarding the use of an ECW?
- Deploy for one cycle then evaluate if additional cycles are reasonable and necessary (maximum 3 cycles)
- if unsuccessful transition to another reasonable force option
- Do not use on small children, elderly, pregnant, low BMI persons, near flammable materials, on elevated surfaces, operating conveyances, adjacent to traffic, in water sufficient to drown, running, or handcuffed
- only used on running subject when reasonable subject is imminent threat (most consider the risk of injury to subject of uncontrolled fall)
- do not intentionally use more than one ECW at a time
- do not intentionally target the head, neck, groin, or female breast
- Any subject exposed shall be seen my medical
- do not remove probes unless trained and certified to remove (considered a biohazard)
How should an ECW be carried?
Cartridge installed, on the non-gun side in a cross-draw manner
Warning shots are prohibited except what circumstances?
Aviation/Maritime Law Enforcement Operations with specially authorized agents firing warning shots as a signal (classified as less-lethal force)
ACR = Air Crew Rifle
Disabling fire is prohibited except what circumstances?
SBIP (Small Boat Interdiction Program) according with policy and VC commander authorization
Note: decision to fire ultimates rests with the shooter
Less-lethal approved for people blocking access to or covering engine if imminent threat to safety of agent or others
What are the minimum levels of body armor required?
Level IIIA for uniformed LE duties
Level II for plain clothes or non-uniformed duty
Body armor should be replaced how often?
5 years from date of manufacture
What are the body armor general requirements?
CBP encourages use of body armor at all times
During normal operations at discretion of employee
Employee is responsible for general care, maintenance, and safekeeping
When is Body armor required?
Firearms training
Special operations deployments
High risk search or arrest warrants, terrorism, or high risk operations
Marine enforcement operations (boarding/SBIP)
Apprehension phase of operation
When practical for transportation, storage or destruction of seized narcotics, currency, or other high risk valuable containers
Emergency situations
Examples of objective statements (as opposed to subjective)
Objective = it was 36 degrees outside Subjective = it was cold outside
Examples of conclusory statements (as opposed to factual statements)
Conclusory = subjective became Assaultive, I feared for my life Factual = subjected stated “I’m going to punish you”, subject clinched fists, subject lunged at agent, subject shoved the agent, subject was profusely sweating
Reports are typically written in what order?
Chronological
What should be included in a post incident document?
Charges against the subject (federal/state)
Turned over to another agency = agent name, ID #, and agency name
Injury documentation (actual and claimed) and hospital documentation
Summary of Use of Force incident reporting
If less lethal:
- verbal to supervisor = 1 hr
- written report/memo = end of shift
- E-star report = 24hrs/72hrs for review
Deadly force:
-don’t write anything (witness may have to write memo)
What is CBP’s interest in enforcement of state law?
CBP shares an overarching interest in the enforcement of state law in those circumstances where limited assistance to citizens and state and local law enforcement helps to promote public safety (intervene when citizens at imminent risk of serious harm)
What is an arrest equipped customs officer (AECO)?
An AMO agent/officer
Carrying a fully loaded agency authorized handgun and ammunition
In uniform and/or carrying credentials
What is a serious violent crime?
An offense under state law involving an imminent threat of death or serious bodily injury: MAARK -rape -murder -armed robbery -kidnapping -assault with a deadly weapon
When are AECOs within their scope of employment and have state arrest authority?
BRASS
Border in execution of outstanding state felony warrants
Requests for assistance from state or local law enforcement officers
“serious crimes”
Self defense against an imminent threat of death or serious bodily injury
What are an AECO’s responsibilities if they make a state arrest?
Turn the subject over to the appropriate state or local police officers for processing
Report promptly, and in writing, to supervisor
(If deadly force incident do not make a written statement)
CBP policy regarding shoulder fired weapons (SFW)
Carried with magazines fully loaded to capacity, chamber empty, closed bolt, and safety ON
PIC determine how carried aboard (muzzle up or down)
note: must be clear of aircraft or outside helicopter rotor prior to chambering round
What are marine warning shots (MWS)?
“Aerial diversion device” that produces a bright light for signaling non-compliant vessels
What use of force is authorized for a subject being passively resistant?
Contact controls = escort holds, joint manipulation/immobilization, touch pressure point
What use of force is authorized for a subject being actively resistant?
Strike pressure point techniques
OC spray
PLS
What use of force is authorized for a subject being actively resistant “+1”?
ECW
+1 = active resistance in a manner that may result in injury to themselves or to another person
What use of force is authorized for a subject offering assaultive resistance (bodily injury)?
Strikes (punches, kicks, etc.)
CSB
What use of force is authorized for a a subject offering assaultive (serious bodily injury) resistance?
Firearm
Or any other use of force in a way that would be considered deadly force
