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Texas Border Recon - ROE

1.      USE OF FORCE,RULES OF ENGAGEMENT, DETAINMENT, SEARCH AND SEIZURE 

 GENERALINFORMATION 

A.   Nothing in this policy is intended to stop, prevent, bar, or exclude any individual from exercising the ability to defend oneself against harm, or a third person from the same. The totality of circumstances will be considered in all actions. 

 

B.      When and where applicable, the Texas State Constitution and State Statutes and other applicable laws shall serve as the applicable regulations and policy on the use of force and rules of engagement for participating personnel and guests, regardless of residency. 

 

C.      Only the minimum amount of force reasonably necessary to accomplish any task is authorized. The de-escalation of any situation is the optimal result and should be the goal of any contact or action. All uses of force shall be immediately reported and documented utilizing an Incident Report (IR) with photos, and if possible, video. 

 

D.      The following statutes and laws shall be read and complied with. 

Title 2, Chapter 9 of the Penal Code: Justification Excluding Criminal Responsibility as it pertains to Confinement as Justifiable Force (Sec. 9.03) and Threats as Justifiable Force (Sec 9.04). 

Title 2, Chapter 9 of the Penal Code: Justification Excluding Criminal Responsibility as it pertains to Self-Defense (Sec. 9.31), Deadly Force in Defense of Person (Sec. 9.32), Defense of Third Person (Sec. 9.33) and Protection of Life or Health (Sec. 9.34).  

Title 2, Chapter 9 of the Penal Code: Justification Excluding Criminal Responsibility as it pertains to Protection of One’s Own Property (Sec. 9.41), Deadly Force to Protect Property (Sec. 9.42), Protection of Third Person’s Property (Sec. 9.43), and the Use of Device to Protect Property (Sec. 9.44). 

Title 1, Chapter 14 of the Penal Code: Arrest Without Warrant as it pertains to Offense Within View (Art. 14.01), whereas any person may, without warrant, arrest an offender when the offense is committed in her presence or within his view if the offense is one classed as a felony or as an offense against the public peace. 

Title 1, Code of Criminal Procedure, Chapter 2: General Duties of Officers as it pertains to May Summon Aid (Art. 2.14), whereas a peace officer meets resistance discharging his duties imposed upon him by law, the peace officer shall have the authority to summon a sufficient number of citizens of his county to overcome resistance.  
   

      Texas Constitution Article I, Section 23: Right to Keep & Bear Arms 

Title 10, Chapter 46 of the Penal Code: Weapons, as it pertains to the Unlawful Carrying Weapons (Sec. 46.02), Places Weapons Prohibited (Sec. 46.03), Unlawful Possession of Firearm (Sec. 46.04), Prohibited Weapons (Sec. 46.05), and Nonapplicability (Sec. 46.15), and further reinforced by H.B. No. 1927, as it relates to the carrying of a firearm by a person who is 21 years of age or older and not otherwise prohibited by state or federal law from possessing the firearm, whereas this law removed the requirement to have a license in order to carry a handgun in the state of Texas. 

    U.S. Constitution, Bill of Rights, 4th Amendment 

 

 2.      USE OF FORCE 

A.      Only the minimum amount of force reasonably necessary to execute or effect a task is authorized. 

 

B.   Personnel shall not brandish any weapon unless immediately necessary to defend oneself or a third person from immediate threats of physical force or deadly physical force, in accordance with application state and federal law. 

 

C.   Any force applied during a contact, incident or other action shall be immediately ceased upon termination of any threat, or control has been gained in the situation. 

 

D.     All uses of force shall be immediately reported, and an Incident Report (IR) generated. Photos, and if possible, video should be taken to document the actions. 

 3.      RULES OF ENGAGEMENT 

A.      Possible weapons shall be verified by two persons, not adjacent to each other. 

 

B.      Personnel shall identify themselves immediately. All unknown persons shall be identified as reasonably necessary. 

 

C.      Commands shall be given no less than three times for subjects to comply with requirements to control the situation. 

 

D.   Force shall not be applied unless no other alternative exists. This includes brandishing weapons. Only a reasonable level of force shall be used, and upon termination of any threat, the force shall be ceased immediately. 

 

E.      Deadly physical force is authorized only if no other alternative exists to defend oneself, and if vacating the area would pose a greater risk for injury or death. 

 4.      DETAINMENT 

A.  Persons suspected of illegal activity(i.e. illegal immigration, smuggling) shall be detained for the appropriate law enforcement agency in a reasonable manner. Persons upon detainment shall be inspected for immediate medical concerns. All detainments shall be immediately reported and documented via incident report. Photos, and if possible, video shall be taken as well. 

 

B.  Upon detention, the appropriate law enforcement agency shall be contacted immediately for surrender of the detainee(s). 

 

C.      Elements normally required to affect a lawful detainment are as follows: 

        1. Intent upon the person effecting the detainment 
        2. Authority that is lawful on the part of the person effecting the detainment 
        3. Seizure or detention of the subject(s) 
        4. Understanding on the part of the detainee that he/she have been detained and   why.

 

D.      Personnel shall not transport detained subjects in vehicles for any reason other than medical emergencies, or unless directed to do so by a law enforcement officer. 

 

E.      No physical restraints are to be utilized for detainment for any reason except the following: 

        1. Detainee(s) pose an immediate threat to the safety and security of other persons around 
        2. To prevent injury to the detainee(s) by use of physical force upon themselves 

 

F.    Personnel shall only detain subjects for a reasonable period of time, such as until the arrival of law enforcement officials. Texas law dictates that a reasonable time period varies by situation and cannot be dictated by policy for every situation encountered. 

 

G.   Upon arrival of law enforcement officials, personnel shall inform the responding officials of the situation and circumstances of the detainment including surrendering any evidence to support the circumstances of the detainment. 

 

H.     Personnel are to hand over control of any detainee and the property associated with the detainee to law enforcement officials. 

 

5.      SEARCH AND SEIZURE 

A.   Personnel shall not search individuals contacted beyond the scope of a cursory search of the individual for any weapons. Belongings, bags, totes, and the like shall not be searched without consent of the individual or by order of a law enforcement officer. 

 

B.   Property seized during any contact shall be documented. Should the individual be released for any reason all property shall be surrendered to the individual or law enforcement officer, as appropriate.

 

C.  During a contact, persons may be separated from objects carried or possessed to prevent using those objects as instruments to attack other persons. Upon termination of the contact, all property shall be returned to the individual or a law enforcement officer, as appropriate. 

  

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