◆ SpookStack

eS! etal iD ch I Ve MR SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 _ OO OO Or oe (d) Warning Shots ~ No warning shots are to be fired by Agents. (e) Vehicles - Weapons may not be fired solely to disable moving vehicles. Weapons may be fired at the driver or other occupant of a moving motor vehicle only when the Agents have probable cause to believe that the subject poses an imminent danger of death or serious physical injury to the Agents or others, and the use of deadly force does not create a danger to the public that outweighs the likely benefits of its use. (3) DEFINITIONS (a) Deadly Force: Force that is likely to cause death or serious physical injury. (b) Necessity: In evaluating the necessity to use deadly force, two factors are relevant: 1) The presence of an imminent danger to the Agents or others; and 2) The absence of safe alternatives to the use of deadly force. Deadly force is never permissible under this policy when the sole purpose is to prevent the escape of a suspect. 1, 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/she 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: a. The subject possesses 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, b. The subject is armed and running to gain the tactical advantage of cover; or, c. 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 d. The subject is attempting to escape from the vicinity of a violent confrontation in which he/she inflicted or attempted the infliction of death or serious physical injury. 2. Absence of a safe alternstive: Agents are not required to use or consider alternatives that increase danger to themselves or to others. If a safe alternative to the use of deadly force is likely to achieve the purpose of averting an imminent danger, deadly force is not necessary. Among the factors affecting the ability of Agents to SAFELY seize a suspect, the following are SENSITIVE Printed: 08/20/2003 06:43:34 Page 9