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Legal Handbook for FBI Special Agents — Part 1
Page 27
27 / 138
MTR aki oe eR
SENSITIVE
Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
Temporary restraining devices, such as handcuffs,
shackles, and belts, may be used to|secure|a person arrested. Use of
such devices is lawful and proper. Agents are expected to employ
sound judgment in the use of these devices, and to resolve any doubt
in favor of their use. (See MIOG, Part II, Section 11-1.5.)
**EFEDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: SecCls:
3-6.4 FBI Deadly Force Policy - Instructional Outline
(See LHBSA,|Part 1,|4-2.5 and MIOG, Part 2, 11-5,
12-2.1,|12-10.4.1 (2), |and MAOP, Part 1, 1-4.)
(1) INTRODUCTION: This outline provides guidance to FBI
Agents in the use of deadly force. The following general principles
are to govern application of the FBI's deadly force policy:
(a) The policy is not to be construed to require
Agents to assume unreasonable risks. In assessing the need to use
deadly force, the paramount consideration should always be the safety
of the Agents and the public.
(b) The reasonableness of an Agent's decision to use
deadly force under this policy must be viewed from the perspective of
the Agent on the scene-~who may often be forced to make split-second
decisions in circumstances that are tense, uncertain, and rapidly
evolving-—and without the advantage of 20/20 hindsight.
(2) POLICY TEXT:
(a) Defense of Life - Agents may use deadly force
only when necessary, that is, when the Agents have probable cause to
believe that the subject of such force poses an imminent danger of
death or serious physical injury to the Agents or other persons.
(b) Fleeing Subject - Deadly force may be used to
prevent the escape of a fleeing subject if there is probable cause to
believe:
1. the subject has committed a felony involving
the infliction or threatened infliction of serious physical injury or
death, and
2. the subject's escape would pose an imminent
danger of death or serious physical injury to the Agents or other
persons.
(c) Verbal Warnings - If feasible, and if to do so
would not increase the danger to the Agent or others, a verbal
warning to submit to the authority of the Agent shall be given prior
to the use of deadly force.
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Printed: 08/20/2003 06:43:34 Page 8
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