A. Deadly Force

Law enforcement and correctional officers of the Department of Justice may use deadly force only when necessary, that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person.

1. 1. Deadly force may not be used solely to prevent the escape of a fleeing suspect.
2. 2. Firearms may not be discharged solely to disable moving vehicles. Specifically, firearms may not be discharged at a moving vehicle unless: (1) a person in the vehicle is threatening the officer or another person with deadly force by means other than the vehicle; or (2) the vehicle is operated in a manner that threatens to cause death or serious physical 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. Firearms may not be discharged from a moving vehicle except in exigent circumstances. In these situations, an officer must have an articulable reason for this use of deadly force.
3. 3. If feasible and if to do so would not increase the danger to the officer or others, a verbal warning to submit to the authority of the officer shall be given prior to the use of deadly force.
4. 4. Warning shots are not permitted outside of the prison context.
5. 5. Officers will be trained in alternative methods and tactics for handling resisting subjects, which must be used when the use of deadly force is not authorized by this policy.
6. 6. Deadly force should not be used against persons whose actions are a threat solely to themselves or property unless an individual poses an imminent danger of death or serious physical injury to the officer or others in close proximity.

B. Prohibited Restraint Techniques When Subduing a Suspect

1. 1. For the purposes of this subsection:
   a. A “chokehold” is a physical restraint technique that applies pressure to the throat or windpipe and restricts an individual’s ability to breathe.
   b. A “carotid restraint” is a physical restraint technique that restricts blood flow to the brain causing temporary unconsciousness.
2. 2. Law enforcement and correctional officers of the Department of Justice[Footnote 1] are prohibited from using a chokehold or a carotid restraint unless the standard of necessity for use of deadly force is satisfied.

Department law enforcement components must maintain internal policies to reflect this prohibition.

[Footnote 1] For the purposes of this subsection, “law enforcement and correctional officers of the Department of Justice” includes any task force officer when that individual is acting under the authority of a Department law enforcement agency, including during federal task force operations.

[updated January 2025]