Use of Deadly Force

1. Use of Deadly Force Law, Policy and Mindset United States Border Patrol San Diego Sector Force Options Training Branch 2013

2. Terminal Learning Objective Given the proper information, instruction and guidance, the student will be able to explain the laws, court decisions and elements of the CBP Use of Force Policy regarding the Use of Deadly Force and successfully demonstrate and articulate the characteristics and proper reactions to possible Deadly Force encounters.

3. Enabling Learning Objectives • Examine the Laws and Moral aspects regarding Deadly Force • Explain the CBP Use of Force Policy regarding Deadly Force • Identify the elements of the Use of Force Continuum • Articulate actions taken in various Deadly Force encounters

4. Governing Authorities on Deadly Force • United States Constitution • Court Case Decisions • Government Policies • Personal Moral Standards - 4th and 8th amendments - Graham v. Connor and Tennessee v. Garner - CBP Use of Force Policy - Morals and Ethics

5. Killing vs. Murder Our culture is based on the belief that killing is morally and ethically wrong. Consider the following definitions: Murder: Unlawful premeditated killing of one human being by another. Killing: An act of causing death deliberately. In order to function as law enforcement officers we must consciously decide that we are willing and able to use deadly force. In fact, we all were required to declare that we were able to use deadly force if necessary in the performance of our duties.

6. United States Constitution 4th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 8th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

7. Legal Court Decisions Tennessee v. Garner (1985) Imminent threat of physical harm to self or another. Three circumstances when an officer can use deadly force: • Threatened with a deadly weapon. • With probable cause to believe that the suspect poses a threat of • serious physical harm or death to the officer or to another. • When the officer has probable cause to believe that the suspect has • committed a crime involving threatened or actual serious physical • harm or death to another person. The court also noted that, when feasible, a warning should precede the use of deadly force.

8. Legal Court Decisions Graham v. Connor (1989) Force used must be reasonable and necessary. • How severe is the crime? • Is there an immediate threat to the officer’s safety or others? • Is the subject actively resisting arrest or giving flight?

9. Use of Force Policy • Only that force which is both reasonable and necessary may be used in any given situation. Reasonable means that there are objective reasons that justify the degree of force to be used in the given situation, up to and including deadly force. The "reasonableness" of a particular use of force is judged from the perspective of a reasonable officer/agent on the scene, and its calculus must embody an allowance for the fact that law enforcement officers/agents are often forced to make split-second decisions about the amount of force necessary in a particular situation. Necessary means that some force is required to carry out one’s duties as a law enforcement officer/agent.

10. Use of Force Policy • Authorized Officers/Agents may use deadly force only when necessary, that is, 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. • 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 deadly force. • Discharging a firearm at a person shall be done only with the intent of stopping that person from continuing the threatening behavior that justifies the use of deadly force.

11. Use of Force Policy • Deadly force is not authorized solely to prevent the escape of a fleeing subject. Deadly force against a fleeing subject is only authorized, if there is probable cause to believe that: • a. The subject has inflicted or threatens to inflict serious physical injury or death; AND • b. The escape of the subject poses an imminent threat of death or serious physical injury to the officer/agent or to another person.

12. Definitions Reasonable: There are objective reasons that justify the degree of force to be used in the given situation, up to and including deadly force. Necessary: Some force is required to carry out one’s duties as a law enforcement officer/agent. Imminent Danger: Impending, threatening, looming or about to happen (is going to happen). A period of time dependent on the circumstances, rather than the fixed point of time as in the concept of immediate.

13. Remember… Reasonableness is not to be viewed from the calm vantage point of hindsight. The reasonableness of a belief or decision must be viewed from the perspective of the officer on the scene, who may often be forced to make split second decisions in circumstances that are tense, unpredictable, and rapidly evolving.

14. Use of Deadly Force

15. Use of Deadly Force Means/Ability The person you are about to use deadly force on must have the means to cause you or another person grievous bodily harm or death. (access to something, i.e. rock, club, bottle, knife, gun, or physical capabilities).

16. Use of Deadly Force Opportunity The person you are about to use deadly force on must have the opportunity to cause you or another person grievous bodily harm or death. (involving proximity and/or control of their chosen weapon).

17. Use of Deadly Force Intent The suspect has led the officer/agent to believe (through words or inaction) that they intend to cause serious physical injury or death to the officer/agent or another person.

18. Use of Deadly Force Jeopardy exists when a subject demonstrates all three elements. Jeopardy

19. Video #1

20. Video #2

21. Video #3

22. Video #3 Part 2

23. Review • Which constitutional amendments govern the Use of Deadly Force?

24. Review • Which constitutional amendments govern the Use of Deadly Force? • If Deadly Force is used, it’s used to do what?

25. Review • Which constitutional amendments govern the Use of Deadly Force? • If Deadly Force is used, it’s used to do what? • Can we use Deadly Force on a fleeing subject?

26. Review • Which constitutional amendments govern the Use of Deadly Force? • If Deadly Force is used, it’s used to do what? • Can we use Deadly Force on a fleeing subject? • What elements make up an officer’s jeopardy?

27. Review • Which constitutional amendments govern the Use of Deadly Force? • If Deadly Force is used, it’s used to do what? • Can we use Deadly Force on a fleeing subject? • What elements make up an officer’s jeopardy? • Who is the only person that can decide if Deadly Force is necessary?