EFTA00129403¶
07/29/2004¶
INSTRUCTIONAL OUTLINE¶
I. INTRODUCTION¶
The following general principles shall guide the interpretation and application of this policy:¶
A. This policy shall not be construed to require Agents to assume unreasonable risks to themselves.¶
B. The reasonableness of an Agent’s decision to use deadly force must be viewed from the perspective of the Agent on the scene without the benefit of 20/20 hindsight.¶
C. Allowance must be made for the fact that Agents are often forced to make split-second decisions in circumstances that are tense, uncertain, and rapidly evolving.¶
II.. DEFINITIONS¶
A. “DEADLY FORCE”: Is force that is reasonably likely to cause death or serious physical injury.¶
B. “REASONABLE BELIEF”: Is synonymous with “Probable Cause”. It is determined by a totality of the facts and circumstances known to Agents at the time, and the logical inferences that may be drawn from them.¶
C. “NECESSARY”: The necessity to use deadly force based on the existence of a reasonable belief that the person against whom such force is used poses an imminent danger of death or serious physical injury to the Agent or other persons.¶
D. “IMMINENT DANGER”: “Imminent” does not mean “immediate” or “instantaneous”, but that an action is pending. Thus, a subject may pose an imminent danger even if he is not at that very moment pointing a weapon at the Agent. For example, imminent danger may exist if Agents have probable cause to believe any of the following:¶
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The subject possess a weapon, or is attempting to gain access to a weapon, under circumstances indicating an intention to use it against the Agents or others; or,
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The subject is armed and running to gain the tactical advantage of cover; or,
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A subject with the capability of inflicting death or serious physical injury—or otherwise incapacitating agents—without a deadly weapon, is demonstrating an intention to do so; or,
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The subject is attempting to escape from the vicinity of a violent confrontation in which the suspect inflicted or attempted the infliction of death or serious physical injury.
III APPLICATION OF DEADLY FORCE¶
In assessing the necessity to use deadly force, the following practical considerations are relevant to its proper application:¶
A. Inherent Limitation on Abilities to Assess the Threat and Respond.¶
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Limited Time (Action v. Reaction) - there will always be an interval of time between a subject’s action and an Agent’s ability to perceive that action, to assess its nature, and to formulate and initiate an appropriate response. The inherent disadvantage posed by the action/reaction factor places a significant constraint on the time frame within which Agents must perceive, assess and react to a threat.
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Limited Means (Wound Ballistics) - When the decision is made to use deadly force, Agents have no guaranteed means of instantaneously stopping the threat. The human body can sustain grievous - even ultimately fatal - injury and continue to function for a period of time (from several seconds to several minutes) depending on the location, number, and severity of the wounds. The lack of a reliable means of instantaneously stopping the threat, may extend the time that imminent danger can persist. This factor further constrains the time frame within which Agents must respond to a perceived threat.
B. Achieving Intended Purpose.¶
- Deadly force may only be applied for the intended purpose of bringing an imminent danger of death or serious physical injury to a timely halt either through the surrender of the subject or through physiological incapacitation.
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If the subject does not surrender, the only reliable means of achieving that goal is to cause physiological incapacitation of the subject(s) as quickly as possible. Attempts to do anything else - such as shooting to cause minor injury - are unrealistic and can risk exposing Agents or others to continued danger of death or serious physical injury.¶
- When the circumstances justify the use of deadly force, Agents should continue its application until the imminent danger is ended through the surrender or physiological incapacitation of the subject(s).
C. Consideration of Risk to Other Parties.¶
Even when deadly force is permissible, Agents should assess whether its use creates a danger to third parties that outweighs the likely benefits of its use.¶
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