Key Takeaways
- Minneapolis ICE shooting case analyzed using federal use of deadly force standards.
- Federal policies restrict shooting at moving vehicles unless occupants pose imminent threat.
- Law enforcement must have a "reasonable belief" of imminent danger to use deadly force.
- Policies consistently advise against placing officers in path of moving vehicles.
Deep Dive
- Federal standards for use of deadly force are examined, referencing policies from U.S. Customs and Border Protection (CBP) and Police Executive Research Forum.
- A 2013 report suggests prohibiting officers from shooting at vehicles unless occupants are using deadly force, excluding the vehicle itself.
- Training should prioritize avoiding positions of danger for officers and agents.
- The discussion critiques the lack of nuanced reporting on the tragic Minneapolis incident.
- A March 7, 2014, memo from Michael Fisher, Chief of U.S. Border Patrol, is introduced.
- CBP's use of force policy states agents cannot discharge firearms at a moving vehicle unless there is reasonable belief of imminent danger of death or serious injury.
- Firearms should not be used for a vehicle merely fleeing, and agents should not place themselves in the path of a moving vehicle.
- The host notes this standard does not appear to favor the ICE agent in the Minneapolis incident.
- A May 2014 use of force policy permits deadly force only when a reasonable belief exists that the subject poses an imminent danger of serious physical injury or death.
- The host analyzes video footage to question if the ICE agent's actions met this standard before or during vehicle impact.
- The January 2021 CBP use of force policy clarifies that reasonableness is judged by the officer's knowledge at the time, not by hindsight.
- Questions are raised about the agent's positioning in front of the vehicle potentially contradicting policy.
- Policy states deadly force shall not be used solely to prevent the escape of a fleeing subject.
- Deadly force is authorized if the fleeing subject poses a significant threat of death or serious physical harm and force is necessary to prevent escape.
- Deadly force against a moving vehicle is permissible only if it is aimed at officers or others, or if the vehicle or escape poses an imminent threat of serious bodily injury.
- Federal standards for the use of deadly force by ICE officers are outlined, citing 2021 policy memos.
- Deadly force is authorized only when an officer has a reasonable belief of imminent danger of serious bodily injury or death to themselves or others.
- This force is not solely to prevent escape, unless the escape itself poses such a threat.
- A February 6, 2023, memo from then-Secretary Mayorkas reiterates these principles, emphasizing necessity and imminent threat.