Use of Force

TABLE OF CONTENTS

OVERVIEW 

2.1 What is the purpose of this chapter? This chapter:

A. Establishes policy for the use of force by U.S. Fish and Wildlife Service (Service) Law Enforcement Officers (SLEO) when performing official law enforcement duties, 

B. Describes the force options available and what level of force is permissible in given situations, and 

C. Establishes procedures for reporting a use of force incident. 

2.2 What is the scope of this chapter? 

A. This chapter applies to all SLEOs who work for the Service.

B. This chapter does not apply to SLEOs when they use force in the following circumstances:

(1) For training and qualification exercises,

(2) Discharge of firearms during approved covert hunting operations, and

(3) Discharge of firearms for approved wildlife management purposes.

2.3 What are the authorities for this chapter? 

A. The Lacey Act Amendments (16 U.S.C. 3375(b)). 

B. 446 Departmental Manual, Law Enforcement

2.4 What is the basis for this use of force policy? This policy is based on the Fourth Amendment standard of “objective reasonableness” for use of force applications and the U.S. Supreme Court ruling in Graham v. Connor, 490 U.S. 386 (1989).

2.5 What terms do you need to know to understand this chapter? 

A. Carotid restraint. A physical maneuver or control technique that restricts blood flow to the brain and may cause unconsciousness or death.

B. Chokehold. A physical maneuver or restraint technique that applies pressure to the throat or windpipe that restricts an individual’s ability to breathe and may cause unconsciousness or death.

C. Deadly force. Any method of coercion, such as using a firearm, which is likely to cause death or serious injury. Deadly force does not include the use of less lethal force that unexpectedly results in death or serious injury. 

D. De-escalation. The use of communication or other techniques during an encounter to stabilize, slow, or reduce intensity of a potentially violent situation without using physical force, or with a reduction in force. 

E. Force. Force is any intervention intended to stop an unlawful action or to induce control or compliance. Force may include, but is not limited to: 

(1) Physical touching of another, 

(2) Striking,

(3) Kicking,

(4) Using chemical agents and other less lethal devices, 

(5) Using restraints, or 

(6) Using firearms. 

F. Less lethal force. Less lethal force is the level or degree of force that is less likely or not intended to cause death or serious injury. 

G. Level of force. Level of force refers to the degree of force deemed objectively reasonable, considering the facts and circumstances confronting the officer, and necessary for the officer to control an individual or situation, or otherwise accomplish a law enforcement purpose. 

H. Reportable incidents are any of the below:  

(1) When the use of force by an SLEO results in death or serious injury of another individual. 

(2) When an incident results in death or serious injury to an SLEO while performing official duties.

(3) When an incident involves death or serious injury to anyone in the custody or detention of an SLEO. 

(4) When a vehicle pursuit involving an SLEO results in death or a serious injury to another individual. 

(5) Any use of force during a Service-led task force that results in injury or death. 

(6) When an SLEO uses unreasonable force or fails to intervene if another officer is using unreasonable force. 

(7) After the discharge of a firearm by an SLEO, on or off duty, except: 

     (a) Training and firearms qualifications where no serious injury occurs and a review of the incident has been conducted by the training staff if the discharge was unintentional; 

     (b) Authorized destruction of animals or other resource management activities where no serious injury occurs; 

     (c) Recreational activities, such as hunting or sport shooting, where no serious injury occurs; and 

     (d) Approved covert hunting operations.

I. Serious injury. Harm to a person that involves: 

(1) A substantial risk of death, 

(2) Extreme physical pain, 

(3) Obvious disfigurement, or 

(4) Loss or impairment of function of a bodily member, organ, or mental faculty.

J. Use of force. The intentional application by law enforcement of any weapon, instrument, device, or physical power in order to control, restrain, overcome the resistance of, or gain compliance or custody of another.  

RESPONSIBILITIES  

2.6 Who is responsible for developing and implementing the use of force policy? See Table 2-1.

Table 2-1: Responsibilities for Implementing the Use of Force Policy

POLICY

2.7 What is the overall Service policy on use of force? 

A. General procedures. When feasible, SLEOs must identify themselves as law enforcement officers and give verbal commands or warnings, or both, prior to a use of force in order to give the individual(s) an opportunity to comply.

B. Use of deadly force. An SLEO may use deadly force when a person poses an imminent threat of death or serious injury to the SLEO or another person, and the use of deadly force is objectively reasonable in light of the facts and circumstances confronting the SLEO. 

(1) Discharging a firearm toward a person is deadly force (see 442 FW 1 for more information on firearms). 

(2) An SLEO may only discharge a firearm or use deadly force toward another person with the intent of making that person incapable of continuing the action that initially prompted the use of deadly force. 

(3) An SLEO may use deadly force to prevent the escape of a fleeing suspect only if the officer has probable cause that the suspect poses a significant threat of death or serious physical injury to the officer or others, and such force is necessary to prevent escape. This necessity refers not to preventing the flight itself, but rather the need to prevent the suspect’s potential or further serious physical harm to the SLEO or other persons. Tennessee v. Garner, 471 U.S. 1, 11-12.

(4) Deadly force should not be used against persons whose actions are solely a threat to themselves or property unless an individual poses an imminent danger of death or serious physical injury to the SLEO or others in close proximity. 

(5) If possible, prior to discharging a firearm or using deadly force, the SLEO should give a verbal warning to submit to the authority of the SLEO. The verbal warning is required only if feasible without endangering the life of the SLEO or another. 

(6) An SLEO may only fire on a moving vehicle, its operator, or other occupant(s) under the following conditions: 

     (a) When the vehicle is operated in a manner that threatens to cause death or serious bodily injury to the officer or others, and no other objectively reasonable means of defense appear to exist, which includes moving out of the path of the vehicle; or 

     (b) Whena person in the vehicle is threatening the SLEO or another person with deadly force by means other than the vehicle. 

     (c) Firearms may not be discharged solely to disable moving vehicles. 

(7) An SLEO must not discharge a firearm from a moving vehicle except in exigent circumstances. In these situations, an SLEO must have a reason that they can articulate for this use of deadly force. 

(8) Warning shots are not permitted.

(9) SLEOs are trained in alternative methods and tactics for handling resisting subjects when the use of deadly force is not permitted. These techniques, including appropriate use of less lethal force, are permitted. 

C. Use of less lethal force. SLEOs: 

(1) May use less lethal, defensive, and control tactics and equipment to protect themselves or others from physical harm or to bring a noncompliant subject safely and effectively under control; and 

(2) Must not use more force than is objectively reasonable to defend themselves or others or to bring a person under control. 

D. De-escalation. SLEOs must receive training in de-escalation tactics and techniques designed to gain voluntary compliance from a subject before using force. SLEOs must employ such de-escalation tactics and techniques if objectively reasonable and if they would not increase the danger to the SLEO or others. Appropriate use of de-escalation techniques reduces the need for force while allowing SLEOs to secure their own safety as well as the safety of the public.

E. Use of force against animals. SLEOs may use any reasonable level of force, including deadly force, against an animal that poses an imminent danger to the SLEOs or to other people. SLEOs may use defensive equipment for this purpose. 

F. Unreasonable force.

(1) SLEOs may not use force:

     (a) Where the use of force is not objectively reasonable in light of the facts and circumstances.

     (b) To punish, torture, or retaliate against a person or to impose cruel, inhumane, or degrading punishment or treatment.

     (c) Based on a person’s race, ethnicity, nationality, religion, disability, gender, gender identity, sexual orientation, or any other protected classification.

(2) The use of chokeholds and carotid restraints is prohibited unless deadly force is authorized. 

G. Medical treatment. SLEOs must receive training on, and must recognize and act upon, their affirmative duty to request or render medical aid, as appropriate, where needed and when the SLEO believes it is safe to do so.

H. Duty to intervene. SLEOs must receive training on their affirmative duty to intervene to prevent or stop, as appropriate, any officer from engaging in excessive force or any other use of force that violates the Constitution, other Federal laws, or Department of the Interior and Service policies on the reasonable use of force. In addition, the following principles apply:

(1) SLEOs have a duty to intervene to prevent or stop an objectively unreasonable use of force by another officer except when doing so would place the intervening officer in a situation where they have an articulable, reasonable fear of death or serious bodily injury. 

(2) Failure to intervene in and report such violations is itself misconduct that may result in disciplinary action, including removal from Federal service, civil liability, and criminal prosecution. 

(3) SLEOs with actual knowledge of another officer’s improper, excessive, unreasonable, or illegal use of force must, without unreasonable delay, report the incident to their chain of command. 

2.8 What are the Service requirements for serious incidents?

A. Notifications. SLEOs and supervisors must report all reportable incidents (see section 2.5H) in accordance with Service and Departmental requirements (also see 054 FW 1, Serious Incident Notification Procedures). 

B. Discharge of Firearms/Use of Force form. In addition to the reporting requirements described above and in 054 FW 1, supervisors of SLEOs involved in reportable incidents must complete a Discharge of Firearm/Use of Force form (FWS Form 3-2401). 

(1) Purpose.The purpose of the form is to consolidate specific details necessary for the Service to complete a comprehensive investigation and review of the incident. (See 442 FW 3 for more information on Boards of Review.) 

(2) Submission.The supervisor must submit Form 3-2401 to the Special Agent in Charge of the Professional Responsibility Unit through the appropriate chain of command within 5 working days from the date of the incident. 

C. Critical incident. All SLEOs must comply with 442 FW 6, Management of Officer-Involved Critical Incidents, for any incident involving an SLEO performing official duties or because of official duties that results or may result in serious injury or death (i.e., officer-involved shootings, serious use of force incidents, suicides).

EQUIPMENT REQUIREMENTS 

2.9 What are the requirements for the use of restraints? 

A. To justifiably control, restrain, or transport people, SLEOs may use: 

(1) Handcuffs,

(2) Flexible cuffs, 

(3) Leg cuffs, and 

(4) Body chains or belts. 

B. SLEOs must ensure all arrestees are handcuffed with their hands behind their backs when taken into custody and transported in Service vehicles. 

C. SLEOs may handcuff arrestees in the front: 

(1) If extended travel is required, 

(2) For travel on a vessel or aircraft, or 

(3) When the physical condition of the arrestee or the mode of transportation or other circumstance makes it unreasonable to handcuff the arrestee behind the back. 

D. If possible, SLEOs should use body chains or belts when handcuffing arrestees in the front. 

E. SLEOs must ensure arrestees being transported in motorboats and other watercraft are wearing an appropriate personal flotation device. 

2.10 What chemical agent may an SLEO use, and what are the requirements for using it? 

A. Oleoresin Capsicum. Non-flammable Oleoresin Capsicum (OC) that is water soluble and non-alcohol propelled, with the container marked “non-flammable” or “CEW compatible,” is the only approved chemical agent that SLEOs may carry and use. SLEOs must replace OC in accordance with the manufacturer’s recommendations. 

B. Conditions of use. 

(1) Only SLEOs who have successfully completed Service-approved training for using OC may use the agent. 

(2) SLEOs may only use Service-owned and issued OC. They must not buy or use alcohol-based or flammable OC. 

2.11 What are the requirements for using impact weapons? Only SLEOs who have successfully completed a Service-approved training in the use of impact weapons may carry them. FWOs may only carry the same type of impact weapon they used in training. 

2.12 What are the requirements for using CEWs? Only SLEOs who have successfully completed a Service-approved training program in the use of CEWs may carry them. The CEWs must be Service-issued. (See 442 FW 7, Electronic Control Devices, for more information.)

TRAINING REQUIREMENTS

2.13 What are the training requirements for SLEOs related to use of force? 

A. All SLEOs must receive training, at least annually, on the Service’s use of force policy and related legal updates. 

B. In addition, SLEOs must receive training on a regular and periodic basis that is designed to: 

(1) Provide tactics and techniques for the use of and to reinforce the importance of de-escalation, as well as safe and effective intervention when another law enforcement officer uses unreasonable force;

(2) Simulate actual shooting situations and conditions; and 

(3) Reinforce the appropriate exercise of discretion and judgment in using less than lethal and deadly force in accordance with this policy. 

C. Supervisors and SLEOs must ensure that the use of force training they receive is documented through a method approved by the Branch of Training (FWOs) or Training and Development Unit (OLE SAs).

APPLICATION OF THE POLICY 

2.14 What is the rights of third parties statement for this policy? This policy is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person.