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UNCLASSIFIED//FOUO (U//FOUO) Less-Than-Lethal Devices Policy Guide 5.(U) Summary of Legal Authorities (U) On April 21, 2011, the Attomey General approved a D0J policy governing the use of. Iess-than-lethal devices, entitled "Department of Justice Policy Statement on the Use of. Less-than-Lethal Devices." [See Appendix F E.L of DlO3 2.Q] The DOJ policy authorizes the use of Iess-than-lethal devices only in those situations "where reasonable force, based on the totality of the circumstances at the time of the incident, is necessary to. effectuate an arrest, obtain lawful compliance from a subject, or protect any person from physical harm." This standard is also consistent with DiOG Section 19.5.2 which permits. agents to use "the amount of physical force reasonable and necessary to take custody and overcome all resistance of the arrestee, and to ensure the safety of the arresting agents, the arrestee and others in the vicinity of the arrest." Use of a less-than-lethaI device must cease when it is no longer necessary to achieve the law enforcement objective. (U) Under these policies, less-than-lethal devices may be reasonably used during arrests and also non-arrest situations, such as investigative detentions, executions of search warrants, and other Iaw enforcement activities. The DOJ policy statement permits DOJ Iaw enforcement officers to use those less-than-lethal devices authorized by their respective agencies and that they are trained to use, absent exigent circumstances. (U) In addition, the DOJ policy statement requires component agencies to ensure that task. force officers are aware of, and adhere to, DOJ policy. In accordance with DOJ policy, FBI task force officers, which for purposes of the FBI policy includes task force members or task force participants, may use only those less-than-lethal devices authorized by their respective departments and that they have been trained to use, absent exigent circumstances, as set forth in Section.4.5. of this policy guide. 12 UNCLASSIFIED/FOUO