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ees fork oh ae WIE diy Ob i RR SENSITIVE Manl~ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 eee relevant: a. Response to commands ~ Verbal warnings prior to using deadly force are required when feasible--i.e., when to do so would not significantly increase the danger to Agents or others. While compliance with Agents' commands may make the use of deadly force unnecessary, ignoring such commands may present Agents with no safe option. b. Availability of cover - Availability of cover provides a tactical advantage. An armed suspect attempting to gain a position of cover may necessitate the use of deadly force; conversely, an Agent in a position of cover may gain additional time to assess the need to use deadly force without incurring significant additional risks. ¢. Time constraints - The inherent disadvantages posed by the issue of action/reaction, coupled with the lack of a reliable means of causing an instantaneous halt to a threatening action, impose significant constraints on the time-frame in which Agents must assess the nature and imminence of a threat. (4) APPLICATION OF DEADLY FORCE (a) When the decision is made to use deadly force, Agents may continue its application until the subject surrenders or no longer poses an imminent danger. (b) When deadly force is permissible under this policy, attempts to shoot to cause minor injury are unrealistic and can prove dangerous to Agents and others because they are unlikely to achieve the intended purpose of bringing an imminent danger to a timely halt. (c) Even when deadly force 18 permissible, Agents should assess whether its use creates a danger to third parties that outweighs the likely benefits of its use. **Ef£Dte: 05/06/2002 MCRT#: 1192 Div: D9 Cav: SecCls: 3-7 [MANNER OF ENTRY (See 5-2.1 and MIOG, Part 2, 11-2.1.5.) | (1) |Title 18, USC, Section 3109 requires Agents to "knock and announce” their identity, authority, purpose and demand to enter before entry is made to execute a search warrant. This principle applies prior to making forcible entry to arrest as well. Agents making forcible entry should adhere to the policy and procedures set forth in section 5-2.2.2, entitled "Manner of Entry."| (2) |Suspect's Premises - in order to enter lawfully a | SENSITIVE Printed: 08/20/2003 06:43:34 Page 10 0 | i eee