EFTA00129402

# DEADLY FORCE POLICY
TRAINING MATERIAL - 7/29/2004

DEPARTMENT OF JUSTICE DEADLY FORCE POLICY¹

Law enforcement officers of the Department of Justice may use deadly force only when necessary, that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person.

A. Deadly force may not be used solely to prevent the escape of a fleeing suspect.

B. Firearms may not be fired solely to disable moving vehicles.

C. If feasible and to do so would not increase the danger to the officer or others, a verbal warning to submit to the authority of the officer shall be given prior to the use of deadly force.

D. Warning shots are not permitted²

E. Officers will be trained in alternative methods and tactics for handling resisting subjects which must be used when the use of deadly force is not authorized by this policy.

This policy is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person.

1Department of Justice Policy Statement Use of Deadly Force (07/01/2004) in pertinent part (Language relating to Custodial Situations has been intentionally omitted pursuant to FBI policy. See, 66F-HQ-1312253, EC from the Director's Office to All Divisions, titled "REVISIONS TO THE DEPARTMENT OF JUSTICE DEADLY FORCE POLICY", dated 07/07/2004).

$$^2$$Not included in the above description is the policy relating to the use of deadly force to prevent the escape of a prisoner committed to the custody of the Attorney General or the Bureau of Prisons. Because Agents will seldom find themselves in a position to apply the custodial aspect of the policy, the FBI will adhere to the policy decision set forth in the Airtel from the Director to All Field Offices, titled "Deadly Force Policy Matters," dated 1/5/95, which states "A policy decision has been made that except in cases of prison unrest which would principally involve HRT and/or SWAT, FBI Agents should adhere to the policy and training principles governing the use of deadly force in non-custodial situations.

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