Use of Force Policies Flashcards

The FBI's use-of-force policy is ultimately grounded in which constitutional provision?

Answer: Fourth Amendment (unreasonable seizures)

Because force used to effect an arrest constitutes a seizure of the person, FBI use-of-force standards are rooted in the Fourth Amendment's reasonableness requirement.

Which of the following best describes 'proportionality' in FBI use-of-force doctrine?

Answer: Using only the minimum force necessary and appropriate to address the threat level

Proportionality requires that the force used be no greater than necessary to address the specific threat presented — it is calibrated to threat level, not mirrored force.

A suspect in custody who is handcuffed and compliant suddenly grabs a nearby object. What force level is appropriate?

Answer: Reassess threat level and apply minimum force necessary to control the object and maintain custody

Even in custody, a new threat requires a fresh threat assessment; the agent must apply the minimum force necessary to neutralize the new threat while maintaining custody.

FBI agents are trained that de-escalation techniques should be applied:

Answer: Whenever tactically feasible before resorting to higher force levels

De-escalation is a proactive strategy FBI agents apply whenever tactically feasible to reduce the need for force, not a post-force remediation.

Which scenario represents a situation where deadly force would be PROHIBITED under FBI policy?

Answer: A subject convicted of a non-violent misdemeanor is fleeing on foot and poses no identified threat

Under Tennessee v. Garner and FBI policy, a non-violent fleeing suspect who poses no identified threat of death or serious injury may not be shot to prevent escape.

After an agent-involved shooting, the agent is typically required to:

Answer: Participate in an administrative review and may have the right to have counsel present

FBI policy and labor agreements typically require participation in an administrative review of the shooting while preserving the agent's right to have legal counsel present.

The term 'totality of circumstances' in use-of-force analysis means:

Answer: All facts and circumstances known to the agent at the moment of force are evaluated together

Totality of circumstances requires that every relevant fact available to the officer at the time — not just one factor — be weighed together in assessing whether force was reasonable.