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
