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CBP — Use of Force Policy, Guidelines and Procedures Handbook

June 4, 2014

Use of Force Policy, Guidelines and Procedures Handbook (PDF)
Source: U.S. Customs and Border Protection

A. General Guidelines

1. CBP policy on the use of force by Authorized Officers/Agents is derived from constitutional law, as interpreted by federal courts in cases such as Graham v. Connor, 490 U.S. 386 (1989) and Tennessee v. Garner, 471 U.S. 1 (1985), federal statutes and applicable DHS and CBP policies.

2. Authorized Officers/Agents may use “objectively reasonable” force only when it is necessary to carry out their law enforcement duties.

3. The “reasonableness” of a particular use of force is based on the totality of circumstances known by the officer/agent at the time of the use of force and weighs the actions of the officer/agent against the rights of the subject, in light of the circumstances surrounding the event. Reasonableness will be judged from the perspective of a reasonable officer/agent on the scene, rather than with the 20/20 vision of hindsight.

4. The calculus of reasonableness embodies an allowance for the fact that law enforcement officers/agents are often forced to make split-second decisions – in circumstances that are tense, uncertain, and rapidly evolving – about the amount of force that is necessary in a particular situation.

5. A use of force is “necessary” when it is reasonably required to carry out the Authorized Officer’s/Agent’s law enforcement duties in a given situation, considering the totality of facts and circumstances of such particular situation. A use of deadly force is “necessary” when the officer/agent has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer/agent or to another person.

6. An Authorized Officer/Agent may have to rapidly escalate or de-escalate through use of force options, depending on the totality of facts and circumstances of the particular situation.

7. Based on the totality of circumstances, different officers/agents may have different responses to the same situation, any of which may be both reasonable and necessary. The level of force applied must reflect the totality of circumstances surrounding the situation, including the presence of imminent danger to the officer/agent or others.

8. If feasible, and if to do so would not increase the danger to the officer/agent or others, a verbal warning to submit to the authority of the officer/agent shall be given prior to the use of force. If a particular situation allows for the issuance of a verbal warning, the officer/agent:
a. Should have a reasonable basis to believe that the subject can comprehend and comply with the warning; and
b. Allow sufficient time between the warning and the use of force to give the subject a reasonable opportunity to voluntarily comply with the warning.

9. Following any incident involving the use of force, Authorized Officers/Agents shall seek medical assistance for any person who appears, or claims to be, injured.

See also: DHS OIG — CBP Use of Force Training and Actions To Address Use of Force Incidents (PDF; redacted)

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