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HooYahBUFF

Joined: 2/15/98 Posts: 2618
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CBP Use of Force Policy


and the case law behind it has not changed, no matter what comes out of the Presidents mouth. Deadly force policy is guided by case law, in particular Graham v. Conner and Tennessee v. Gardner.
Without going into too much detail, can an Agent use deadly force if a subject throws a rock at him/her? Yes (Agents have been killed by thrown rocks), but the encounter HAS to meet certain criteria. It has to meet the criteria of Objectively Reasonable and the Totality of Circumstances.
1. Does the subject pose an imminent threat to the safety of the agent or others?
2. Severity of the crime?
3. Is the subject actively resisting seizure or attempting to evade arrest?
4. Are the circumstances tense, uncertain and rapidly evolving?

Does someone throwing a thumb sized rock over the border fence at you while you were parked in your vehicle 50 yards north of the line constitute an imminent threat?
No.

Do subjects standing at the top of the 25 foot high border fence hurling half pound rocks at high velocity at your head while you are out of your vehicle trying to affect the arrest of an individual you just witnessed jump the fence and enter the US illegally? Most certainly.

If Trump said "shoot to kill", that is an ignorant statement on his part. Officers and Agents don't shoot to kill. We shoot (when compelled) to Stop the Threat.


(In response to this post by Gateway)

Posted: 11/21/2018 at 4:21PM



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