FBI Use of Force Policies 2 — Questions and Answers
Question 1: Under FBI policy, when may an agent use deadly force against a fleeing suspect?
- Whenever the suspect is fleeing to prevent escape
- Only when the suspect poses a significant threat of death or serious bodily injury to the agent or others (Correct answer)
- When the suspect has committed any felony offense
- At the discretion of the supervising agent on scene
Correct answer: Only when the suspect poses a significant threat of death or serious bodily injury to the agent or others
FBI deadly force policy mirrors the Tennessee v. Garner standard — deadly force on a fleeing suspect is justified only when there is probable cause to believe the suspect poses a significant threat of death or serious bodily injury.
Question 2: The concept of 'objectively reasonable' force in law enforcement is derived primarily from which legal standard?
- Tennessee v. Garner (1985)
- Graham v. Connor (1989) (Correct answer)
- Terry v. Ohio (1968)
- Monell v. Department of Social Services (1978)
Correct answer: Graham v. Connor (1989)
Graham v. Connor (1989) established the 'objectively reasonable' Fourth Amendment standard for evaluating law enforcement use of force.
Question 3: Which factor is NOT typically considered under the Graham v. Connor three-factor test for reasonableness of force?
- Severity of the crime at issue
- Whether the suspect poses an immediate threat
- Whether the suspect is actively resisting or attempting to evade arrest
- The officer's subjective belief about the suspect's guilt (Correct answer)
Correct answer: The officer's subjective belief about the suspect's guilt
Graham v. Connor requires an objective analysis — the officer's subjective belief or intent is not one of the three enumerated factors.
Question 4: An FBI agent encounters a suspect who is armed but not yet pointing a weapon at anyone. What best describes the appropriate force calculus?
- Deadly force is immediately authorized because the suspect is armed
- No force may be used until the weapon is pointed at a person
- The agent must assess whether the totality of circumstances presents an imminent threat (Correct answer)
- The agent should wait for backup before taking any action
Correct answer: The agent must assess whether the totality of circumstances presents an imminent threat
FBI policy requires agents to assess the totality of circumstances, including whether an armed suspect's actions or positioning create an imminent threat, before employing deadly force.
Question 5: What is the purpose of the FBI's 'threat assessment' step before employing force?
- To document the event for future disciplinary review
- To determine the appropriate level of force proportional to the perceived threat (Correct answer)
- To notify supervisors before any force is used
- To identify whether the subject has prior criminal history
Correct answer: To determine the appropriate level of force proportional to the perceived threat
Threat assessment allows the agent to select a proportional and objectively reasonable level of force aligned with the nature and immediacy of the threat.
Question 6: FBI policy generally requires that less-lethal options be considered before using deadly force. This principle is known as:
- Force escalation
- De-escalation priority
- Force continuum / use-of-force continuum (Correct answer)
- Tactical withdrawal
Correct answer: Force continuum / use-of-force continuum
The use-of-force continuum guides officers to consider and apply less-lethal options before escalating to deadly force when circumstances allow.
Question 7: After using force, an FBI agent's first mandatory action (once the scene is safe) is to:
- Secure all evidence at the scene before calling for help
- Provide or request immediate medical assistance for any injured persons (Correct answer)
- Submit a written report within 72 hours
- Contact the Office of Professional Responsibility
Correct answer: Provide or request immediate medical assistance for any injured persons
FBI policy and general law enforcement standards require that medical assistance be rendered or requested for injured persons as soon as the scene is safe, before administrative reporting steps.
Under FBI policy, when may an agent use deadly force against a fleeing suspect?