Rules for the Use of Force in Military Law Enforcement and Security Duties 1 INTRODUCTION • Scope of Duties – Law Enforcement on Military Installations & Over U.S. Military Personnel – Security on Military Installations & for Defense Personnel and Property • Mindset – Combat: Enemy Declared Hostile – Law Enforcement/Security: Limited Force 2 LEGAL FRAMEWORK • National Law • Secretary of Defense Directive • Chairman Joint Chiefs of Staff Instruction • Military Service Regulation or Instruction 3 GENERAL GUIDANCE ON ARMING PERSONNEL • Regular Law Enforcement/Security Personnel Shall Be Armed – occasional personnel may be armed • Limited Authority to Authorize Arming • Disqualifying Criteria 4 GUIDANCE ON ARMING PERSONNEL • Required Annual Training & Testing • Required Safety Locking Device at Home • No Alcohol or Prescription Drug Use 5 GUIDANCE ON USE OF FORCE • Carry Out Duties Without Force If Possible • Only Use Minimum Force Necessary • Consider Force Options – – – – verbal persuasion unarmed defense techniques chemical aerosol irritant military police club 6 GUIDANCE ON USE OF FORCE • Consider Force Options (continued) – military working dog – presentation of deadly force capability – deadly force • Warning Shots Prohibited • When Possible Verbally Warn • Remove Gun From Holster Only If Use Is Reasonably Expected 7 GUIDANCE ON USE OF DEADLY FORCE • Shoot to Stop • Shoot Only With Due Regard For Innocent Bystanders • Use Deadly Force Only When: – lesser means won’t work – risk to innocent not significantly increased – reasonably necessary to accomplish 1 of 7 purposes 8 DEADLY FORCE ONLY TO: • Protect Against Imminent Threat of Death or Serious Bodily Harm • Prevent Serious Offense Involving Death or Serious Bodily Harm • Prevent Theft or Sabotage of Asset Vital to National Security • Prevent Theft or Sabotage of Property Creating Imminent Threat 9 DEADLY FORCE ONLY TO: • Prevent Sabotage of National Critical Infrastructure • Arrest Person Who Committed Offense Involving Imminent Threat • Prevent Escape of Prisoner Who Has Committed Serious Offense Involving Imminent Threat 10 11