Use of force

The Eight Preconditions for the Use of Force (UOF)

  • There are exactly 88 recognized preconditions that justify the use of force (UOF) in a law enforcement or security context. Every personnel must be able to explain each one in detail:

    • Self-Defense: The use of force to protect oneself from an immediate threat of harm or death.

    • Defense of Others: The application of force to protect other individuals from the threat of death or serious bodily harm.

    • Defense of Assets Vital to National Security: Force used to protect specific assets that, if compromised, would pose a severe threat to the security of the nation.

    • Inherently Dangerous Property: Force used to prevent the theft or sabotage of property that is inherently dangerous to others if it were to be taken or misused.

    • National Critical Infrastructure: The use of force to protect infrastructure that is essential to the minimum operations of the economy and government.

    • Serious Offenses Against a Person: Force justified to prevent the commission of serious offenses involving the threat of or actual death or serious bodily injury (e.g., murder, rape, or armed robbery).

    • Arrest: Force used to effect an arrest or to prevent the escape of a person where there is probable cause to believe they have committed a serious offense.

    • Escape of a Prisoner: The application of force to prevent the escape of a prisoner who is being held in a high-security facility or who poses a significant threat to the public.

Legislation and Amendments Regarding Firearms Possession

  • The Lautenberg Amendment: This specific act removes the legal ability for any member convicted of Domestic Violence (DV) to own, possess, ship, or transport a firearm.

  • The Brady Act: This legislation served to extend the reach of the Lautenberg Amendment, covering additional criminal violations that would preclude an individual from possessing firearms.

Regulatory Guidance and Local Policies

  • Governing Instruction: The primary Air Force Instruction governing the Use of Force (UOF) is DAFI 31-117.

  • Warning Shots at Misawa AB: Discharging a firearm as a warning shot is strictly prohibited at Misawa AB. The answer to whether this is permitted is explicitly: NOPE.

Legal Standards and Judicial Precedents

  • Established Court Case: The foundational court case that established the modern standards for the Use of Force (UOF) is Gramm VS Conner.

  • Totality of Circumstances: This concept is a critical legal standard used to evaluate the appropriateness of force used by Law Enforcement (LE). It is defined as follows:

    • Given the specific information available to a Law Enforcement agent at the exact time of the incident, would it be considered reasonable that another LE agent would have made the same choice regarding the level of force applied?

    • This standard focuses on the perspective of the officer on the scene rather than with the 20/20 vision of hindsight.

Definition and Scope of the Use of Force (UOF)

  • General Definition: Use of Force is defined as any application of physical force in the performance of official duties.

  • Included Categories of Force: The scope of UOF is broad and includes, but is not limited to, the following:

    • Weapons: Deployment or use of any firearm.

    • Handcuffs: The physical act of restraining a subject.

    • Less than Lethal: The use of tools such as batons, TASERs, or chemical agents.

    • Military Working Dog (MWD): The deployment of a canine for apprehension or physical control.

    • Hands on ETC: Any physical contact or manual techniques used to control a subject, and other similar applications of force.