EFTA00129379.pdf

NIL FD•245.1 Mae 14.9'41 X li lkhl XXX ik IN 4444Sibp ment Gice of Federal Bureau gi of Investigation Bureau FAD Nurntref V.: J. C. F. Field Office Criminal Investigative and Administrative Files Armed and Dangerous FOIPA DO NOT DESTROY NCIC ✓ ELSUR OCIS Escape Risk Suicidal Financial Privacy Act Other See also Nos f — EFTA00129379 d3. +23-0 :\16.116..16.NLMWILN EFTA00129380 17-1 (Rev. 1-05-2015) ATTENTION The following documents appearing in FBI files have been reviewed under the provisions of The Freedom of Information Act (FOIA) (Title 5, United States Code, Section 552); Privacy Act of 1974 (PA) (Title 5, United States Code, Section 552a); and/or Litigation. FOIA/PA n Litigation Executive Order Applied Requester Subject: Aa2. Computer or Case Identification Number: PO) 0114- I Sc ILIS" • Title of Case: Section • File 1 2— MM— Ustia7 Serials Reviewed: AIf Retease Location: *File Section This file section has been scanned into the FOIPA Document Processing System (FDPS) prior to National Security Classification review. Please see the documents located in the FDPS for current classification action, if warranted. File Number. Section Serial(s) Reviewed: FOIPA Requester: FOIPA Subject: FOIPA Computer Number. File Number Section Serial(s) Reviewed: FOIPA Requester: FOIPA Subject FOIPA Computer Number File Number. Section Serial(s) Reviewed: FOIPA Requester: FOIPA Subject FOIPA Computer Number: THIS FORM IS TO BE MAINTAINED AS THE TOP SERIAL OF THE FILE, BUT NOT SERIALIZED. SCANNED BY DoeLab (RMD) Date: hat'oteHr Last Serial: I, I ATTENTION DO NOT REMOVE FROM FILE EFTA00129381 (Rev . . 05-01-200S) • UNCLASSIFIED FEDERAL BUREAU OF INVESTIGATION Precedence: ROUTINE Date: 10/28/2009 To: Miami From: Miami PB-2 / Palm Beach Count RA Contact: SA Approved By: Drafted By: Case ID #: 72-MM-NEW (Pen a Title: "ALFREDO RODRIGUEZ; OBSTRUCTION Synopsis: Open and assign a new 72 (Obstruction of Justice) matter. Details: On or about August of 2009, Bradley James Edwards, date of birth , was contacted by Alfredo Rodriguez, date of birth . Edwards is an attorney who is representing four fema e in ividuals who are suing Jeffrey Epstein. Rodriguez was an employee for Epstein. Edward's deposed Rodriguez and served him with a federal subpoena to provide any and all documents relating to the case. Rodriguez is trying to sell Edwards documents that he claims are pertinent to the civil case. Edwards explained to Rodriguez that his demands are illegal and that he was obligated under the subpoena to turn the documents over. Rodriguez is still demanding $50,000.00 for the documents. In view of the above, it is requested that a new 72 matter be opened. Descriptive Data: Main Subiect Name - Last: \driguez C First: A (redo Middle: T Race: Sex: 1,, le • UNCLASSIFIED CLASS:7 4 Po ' .1i tr °YU* BAT: /4? -44 I 2,7 itA .A4 13 3 301 G fiGoi (EX- EFTA00129382  UNCLASSIFIED • To: Miami From: Miami Re: 72-MM-NEW, 10/28/2009 DOB: POB: New Jersey FBI: SOC: Address( - House #: Street Name: Lot# City: Miami State: FL Postal Code: 33173 Phone #: •• UNCLASSIFIED 2 EFTA00129383  Page 1 of 1 ' FloridaD.A.V.F.D.Individual Summary Page STATE OF FLORIDA Department of Highway Safety & Motor Vehicles Driver And Vehicle Information Database (DAVID) DIGITAL IMAGES ARE RESTRICTED TO LAW ENFORCEMENT USE PURSUANT TO S. 322.142(4), F LORIDA STATUTES IMAGES INCLUDE PHOTOGRAPHS AND SIGNATURES Individual Summary Page DUID Number Class Stanss~~ E SUSPENDED LIMED() RODRIGUEZ All Addresses O PALM BEACH FL 334 04730 Date of Birth Sex Height State Of Birth 6'02 New Jersey Restrictions Endorsements Duplicate Expiration Date Issue Date ate 03-25-04 11-24-04 04-12-08 av<e,..„zraN D SN Form Number P010411240121 Conditional Messages: Driver License Transactions DIJID Number -.Transaction Date Issue Date U •date Time Lie T •e Issue T •c Chan e T e FL Dis Record Mew • 01-26-06 03-25-04 01-27-06 01:18:03 RCT Reinstatement None View 03-25-04 11-24-04 11:51:56 DL Duplicate None Lost 11-24-04 View 03-25-04 03-25-04 03-25-0413:25:47 DL Renewal None View 01-23-98 01-23-98 01-23-98 17:42:42 DL Original I None • I. Vehidie Insurance I Previous Vehicles I tHistorical DriverticenseActiv8y 0 11PariaY Slanatur, NT* New Search 1, MaipiMenu I 12/4/2006 httos://www.hsmv.flcin.net/servlet/DLSummary EFTA00129384 Received: 2009-10-28 10:50:36 MSG-NBR: 00006 MEE: F50330001 ATTN: FC FLFBIPBS005934712 --FLORIDA CCH RESPONSE-- ATV FC.0 /C.ATN MBER: DE:C PAGE: 1 BECAUSE ADDITION ELETIONS MAY BE MADE AT ANY TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR FUTURE USE " CRIMINAL HISTORY RECORD EXPUNGED PURSUANT TO F.S. 943.0585 " FLORIDA CRIMINAL HISTORY - NAME STATE ID NO. FBI NO. DATE REQUESTED RODRIGUEZ, ALFREDO FL 10/28/2009 SEX RACE BIRTH DATE HEIGHT WEIGH HAIR BIRTH PLACE SKIN DOC NO. --CONTINUED-- SID NUMBER: PURPOSE CODE:C PAGE: 2 H W 6'02" 200 BRO BRO XX FINGERPRINTIIIIIIIIIIOCIAL SECURITY NO. MISCELLANEOUS NO. SCR/MRK/TAT IN AFIS - 2 OCCUPATION ADDRESS CITY/STATE SELF EMP MIAMI, FL THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBUTED THE RECORD INFORMATION. THIS RECORD MAY ONLY BE USED FOR CRIMINAL JUSTICE --CONTINUED-- SID NUMBER: PURPOSE CODE:C PAGE: 3 PURPOSES AS DEFINED BY THE CODE OF FEDERAL REGULATIONS. THIS CONTAINS FLORIDA RECORD ONLY. UNKNOWN AS TO NATIONAL RECORD STATUS. END OF RECORD 19. n3391 dm), EFTA00129385 Florida D.A.V.I.D. Individual Summary Page Page 1 of I • • FLORIDA SAFERA MOTITYAY SAFETY ARO MOTOR VEHICLES Driver And Vehicle Information Database (DAVID) DIGITAL IMAGES ARE RESTRICTED TO LAW ENFORCEMENT USE PURSUANT TO S. 322.102(4),FLORIDA STATUTES - IMAGES INCLUDE PHOTOGRAPHS AND SIGNATURES Individual Summary Page iDfi it s nber m Class Status E VALID ALFREDO RODRIGUEZ WIMP 34201 All Addresses On File Date of Birth Sex Height State Of Binh 61/2 New Jersey Restrictions Endorsements Issue Date Duplicate Expiration Dale 04-05-OS Date 04-12-12 SSN Form Number cuza44 X630804077684 • Conditional Messages: Vehicle Information Reacted VLN Wee IC0101'1 Scdr I Make I Acquired Date i Reg AUTO TAN UTILITY 1 CHEVROLET 708-30-07 233717592 Driver License Tnmsacrions DEAD Rumba Transaction Date 'Issue Date Update Time Lle Two Issue Type I Change Type I FL Disp CI 04-07-08 04-05-08 04-10-0807:13:52 DL Renewal/CEPS 1-VI71M I 01-26-06 03-25-04 01-27.0601:18:03 Rat Reinstatement None View II 11-24-04 03-25-04 11-24-04 11:5146 DL Duplicate Noma i Lost re Vi hrirr i 1 03-25-04 03-25-04 03-25-04 13:25:47 DL None I reVi — mil 01-23-98 01-23-98 f 01-23-9817:42:42 DL Original i Name Historical Driver License Activity Vehicle Insurance [ Previous Vehicles I. Signature Array 1 New Search j Main Menu hrlps://wwwlsmv.flejn.netlservielIDLStmamary 10/28/2009 EFTA00129386 (Rev. 05-01-2008) UNCLASSIFIED FEDERAL BUREAU OF INVESTIGATION Precedence: ROUTINE Date: 10/28/2009 To: Finance Attn: AA Criminal Investigative Attn: Vio ent Crime Section Crimes Against Children Unit From: Miami Squad PB-2 / Palm Beach County RA Contact: SA Approved By: Drafted By: :gg Case ID #: 72-MM-113327 (Pending) Title: Alfredo Rodriguez; ET AL Obstruction Synopsis: Request for $50,000.00 of "Show Money" from FBIHQ Finance Division. Administrative: Re 10/28/2009 telcal between SSA and SA . Miami Stagehand regarding l 'owioney" for captioned matter. Details: Miami requests $50,000.00 "Show Money" be wired to the Miami Stagehand Admin Account to be utilized in the above captioned case. On 10 27/2009 Agents from the PBCRA met with AUSA III and Attorney Brad Edwards. Edwards reported re o o riguez was served with a Federal Subpoena for documents. Rodriguez has refused to turn the subpoenaed documents over unless Edwards paid him $50,000.00. Rodriguez was interviewed by the FBI in 2007 regarding the same information he is now trying to sell to Edwards. The USA's Office believes Rodriguez may have lied to investigators and that the documents may have been in his possession at the UNCLASSIFIED 7.2.7MAA - l / 33v-4- -3 EFTA00129387  UNCLASSIFIED To: Finance From: Miami Re: 72-MM-113327, 10/28/2009 time of his interview. These documents may contain evidence against an individual suspected of soliciting minors for sex. Miami plans to have a UCE introduced to Rodriguez and set a meeting to which Rodriguez will bring the documents he claims to have in his possession. The "Show Money" will be utilized if Rodriguez demands to see the money before producing the documents. After producing the documents, Rodriguez will be arrested for Obstruction of Justice. UNCLASSIFIED 2 EFTA00129388  UNCLASSIFIED • To: Finance From: Miami Re: 72-MM-113327, 10/28/2009 LEAD(s): Set Lead 1: (Action) FINANCE AT WASHINGTON, DC Contact SA regarding the Miami Statgehand Adrian Account wire transfer information. Set Lead 2: (Info) CRIMINAL INVESTIGATIVE AT WASHINGTON, DC For information. Read and clear. •• UNCLASSIFIED 3 EFTA00129389  0 mad 04/27/009 OPERATION PLAN FILE NUMBER 72-MM-I13327 FIELD DIVISION / SQUAD MIAMI / PB2 Date Prepared 10/28/2009 Planned Date of Operation 11/02/2009 TITLE OF CASE ALFREDO RODRIGUEZ; ET AL; OBSTRUCTION OF JUSTICE PROGRAM ASAC PH# SQUAD SSA PH# CASE AGENT/OFFICER PH# ALTERNATE CA/OFFICER PH# SITUATION / MISSION Type of Opaation Warrant Verified? ..2__ Arrest 0 yes X No Search NINJAS Surveillance NINJAS Query? X Other (Controlled X Yes O No Delivery) Location of Activity: Hilton Suites 7920 Glades Road, Boca Raton, FL 33434 il -F(O rt. /5 ta haft. Ant; Q 677 k toe i'l iz'ejaal 4.4,0‘44. Lowtect s ousd t Violet). 45 vCG iro 14/ 5 64. been satiorkeii %kat teog..". r`-• 4.01,A.,2sh sotc a-0408°---4 oar?' fiat 250 014 • ce(14449— ' 1 De_ L MAA, — I I 2, ei— — 4 EFTA00129390 Overall Concept of Mission (Brief statement of who, what, why, when, when) On 11.02-09, the FBI PB•2 Squad will conduct an undercover evidence purchase (documents) from Alfredo Rodriguez. A FBI TFO UCE will meet with Rodriguez and review the documents that Rodriguez is trying to sell. Once the UCE is satisfied with the evidence he will flash/provide Rodriguez with $50,000.00 cash. Once the cash is in Rodriguez• possession the arrest team will take him into custody. CAUTION STATEMENT 2 EFTA00129391  NATION/ MISSIONCONTINUED SUBJECT INFORMATION Name: ALFREDO RODRIGUEZ Race: WHITE Sex: DOB: MALE Aliases: Height: Q02" Weight: Eyes:Brown Hair: BROWN Fingerprint Code: SSAN FRB/ Identifying Marks and Tattoos: Address: MIAMI, FL Vehicle Info: I. TAN CHEVROLET FL Rey Criminal History: NONE REASON FOR CAUTION STATEMENT (subject specific) Identify other legal process outstanding to include issuing official, district, and date issued, and warrant location N/A Other Information REGARDING SUBJECT (Can include items such as possible locations of subject, identification of associates, and information provided by informants and other law enforcement agencies. PROVIDE PHOTO IF AVAILABLE -Counter-surveillance should be expected by this subject or other subjects yet unknown. 3 EFTA00129392  Background ofInvestigation (Most Recent Information/Intelligence Available on this Operation) On or about Au st of 2009, Bradley James Edwards, date of birth , was contacted by Alfredo Rodriguez, date of birth . Edwards is an attorney who is representing four female individuals who are suing Jeffrey Epstein. Rodriguez was an employee for Epstein. Edward's deposed Rodriguez and served him with a federal subpoena to provide any and all documents relating to the case. Rodriguez is trying to sell Edwards documents that he claims are pertinent to the civil case. Edwards explained to Rodriguez that his demands are illegal and that he was obligated under the subpoena to turn the documents over. Rodriguez is still demanding $50,000.00 for the documents. Edwards and his law firm contacted the USAO who had/has a pending criminal investigation into Epstein. The USAO contacted the FBI PB-2 Squad and requested their assistance. Edwards will be placing a controlled phone call where he will introduce a FBI TFO UCE to complete the transaction. 4 EFTA00129393  SXECUTION SPECIFIC DUTIES (Concise, detailed statements directing how each unit, squad, team, or individuals accomplishes it's duties) On Monday, 11/02/2009, the UCE and Rodriguez will have a phone conversation to finalize the details of the evidence purchase. Rodriguez will not be told the location of the evidence purchase at this time. On Monday, 11/02/2009, at 10:00am a briefing will be held at the FBI Palm Beach RA. All participating Agents/Officers should attend and are expected to be on stand-by for the rest of the day. The FBI PB2 Squad will conduct an evidence purchase from Rodriguez. At approximately 2:00pm, the operation will be executed at the Hilton Suites 7920 Glades Road, Boca Raton, FL 33434 The UCE will contact Rodriguez and direct him to meet at the Hilton Suites. Once Rodriguez arrives the UCE will engage him in conspiratorial conversation. The UCE will ask to examine the document that Rodriguez is selling. Once the UCE has verified the documents he will flash/give Rodriguez a bag containing $50,000.00. At this time the arrest team will take Rodriguez into custody. Law enforcement personnel involved will be broken into teams. The Arrest Team will be responsible for the safety of the UCE and safe arrest of any and all subjects. The Surveillance Team's responsibility will be monitor the meeting from a covert location at the Hilton and to secure the outer perimeter. A11 law enforcement personnel will be responsible for UCE/CW security during the meeting. The Operation Plan is subject to change depending on the many variables that may occur during any given law enforcement operation. 5 EFTA00129394  • COMMAND and CONTROL TEAM: ASAC FBI ti SA FBI CASE AGENT TEAM SA FBI (UCE/CW) SA FBI PB2 SQUAD SA FBI PRISONER SA FBI EVIDENCE/SURVEILLANCE 302 SA FBI EVIDENCE/VIDEO/PICTURES SA FBI PRISONER SA FBI EVIDENCE SA FBI AGENT FBI/PESO TFO DET FBI/TFO WPBPD DET FBI/TFO PESO ARREST TEAM SURVEILLANCE TEAM • 6 EFTA00129395 1. Considerations to ensure safety of innocent parties: A hotel room with limited ingress and egress will be utilized with the subjects being controlled by the FBI. Perimeter units will be assigned to secure the meet location. 2. Consideration for the safety of Agents and cooperating individuals: As a precautionary statement, subjects should be considered ARMED AND DANGEROUS. Since most illicit activities can be violent by nature, Agents should take the necessary precautions to safeguard themselves and others. All Agents should make themselves familiar with the location of the deal well ahead of the scheduled operation. All participants will view the UCE(s) to note his/her description and clothing before the operation begins. SA Richards will ensure that a NINJAS query occurs and report results to SSA Donohoe. 3. Consideration for the safety of subject/arrestees: Subjects/arrestees will be afforded all necessary safety measures as the operation dictates. 4. Considerations to ensure care/custody of money, seized/gshow" drugs, and/or valuable property: Two Agents will be assigned to take custody of any and all drug/money/weapons evidence. They will be responsible for coordinating the handling and transportation of the seized evidence. Seizing Agents will also ensure that all money and valuable property seized is properly sealed and recorded. 5. Consideration for collection/preservation of evidence and transportation: Assigned seizing Agents will be responsible for proper collection, handling, and transportation of evidence to FBI Miami. 6. Consideration for care and transportation of arrestees: Any and all arrested subjects will be treated and transported in accordance with Bureau policy. use additional blank sheets as necessary 7 EFTA00129396  CONTINGENCIES (for example: counter surveillance, barricade situation, additional subjects, etc.) 1. If subjects attempt hostile action against the UCE(s). A security team will be in place to assist/rescue the UCE(s) if any hostile action is taken against them. 2. If subject wants to move the location. The location of the meet is not negotiable. 3. If the UNSUBS arrive with other unknown subject(s) the arrest/surveillance units will be cognizant of their actions. COORDINATING INSTRUCTIONS (Include here instructions common to all. Examples include times and dates for specific phases of operation coordination hurt office or with other agencies, warrant verification, danger areas, rehearsals, debriefings, etc.) BRIEFING DATE. TIME AND LOCATION: Briefing- On Monday, 11/02/2009 at 10:00a.m., a briefing will be held at the FBI Palm Beach RA. After the briefing Agents/Officers should familiarize themselves with the area in and around the arrest/surveillance location. Operation/Mission: On Monday, 11/02/2009, at 2:00pm., the FBI PS2 Squad will attempt an evidence purchase from Rodriguez. The operation will take place at the Hilton Suites 7920 Glades Road, Boca Raton, FL 33434. Agents/Officers should be in their assigned location by 1:00 p.m. on 11/02/2009. 8 EFTA00129397  LAW ENFORCEMENT PARTICIPANTS IN THE OPERATION Identify personnel directly involved in the op ration, as well as their assignment (entry/perimeter) for the operation. Primary Contact Secondary Contact Name Position or Agency Information Information Rank (CELLPHONE, LAND (CELLPHONE, LAND LINE, SIGNAL 0) LINE, SIGNAL II) 1. SSA FBI PH200 - 2. SA FBI P8204 3. SA FBI P8211 4. SA FBI PB203 5. SA FBI PB 6. SA FBI P8207 7. SA FBI PB 8. SA FBI P8208 9. SA FBI P8209 10. Dec ScPBPD P8212 11. Agt PBSO PB215 12.- Agt JPD PB213 13. Det PESO P8214 Use additional blank sheets as necessary ADMINISTRATION AND EQUIPMENT WEAPONS AND AMMUNITION Bring assigned weapons (or Bureau approved weapons) which you qualified with and at least two magazines. Review Deadly Force Policy. (See enclosed deadly force policy) All participating agencies should be familiar and rely on their agencies Deadly Force Policy. CLOTHING AND EQUIPMENT (Includes protective gear, identifying clothing and special equipment, e.g., body armor, pepper spray, flex cuffs, etc) Ballistic vests and/or raid jackets with proper FBI (Police) identification. Pepper spray, ASP, flashlight, handcuffs, and other equipment deemed necessary by the individual Agent should be carried at all times. 9 EFTA00129398  HANDLING OF INJURED (Be specific. Include EMS telephone numbers, local radio channels, and addresses of medical facilities and or EMS.) I) St Mary's Medical Center 901 45th Street, West Palm Beach, FL (sec map) CONTROL AND COMMUNICATIONS COMMAND POST (if utilized) Supervisor in Charge: ASAC Location: Crft-secnt A+ mm HQ Phone 4: Radio Channel: TBD Call Sign: ON SCENE COMMAND Agent in Charge: SA Location: On scene Phone 4. Cell 4 Radio Channel: TBD Call Sign: PB209 RADIO COMMUNICATIONS (include channel , frequencies, private, or clear mode, and call signs) Channel Information USE W6 In the clear Secondary Comms. Cell phone DISTRESS SIGNALS (verbal and visual) Verbal: Help. Help. Help. Visual: Both hands in the air. CAUTION STATEMENT Subject should be considered armed and dangerous. 10 EFTA00129399  ATTACHMENTS List Applicable Attachments I. Hospital Location: Attachment A 2. FBI Deadly Force Policy: Attachment B 3. FLDL PHOTO ALFREDO RODRIGUEZ: Attachment C 11 EFTA00129400 Florida DAVID. Individual Summary Page Page 1 of 1 FER FLORIiiii. HIGHWAY SAFETY AND MOTOR VEHICLES Driver And Vehicle Information Database (DAVID) DIGITAL IMAGES ARE RESTRICTED TO LAW ENFORCEMENT USE PURSUANT TO S. 322.142(4),FLORIDA STATUTES - IMAGES INCLUDE PHOTOGRAPHS AND SIGNATURES Individual Summary Page DUID Number Chss Status E VALID aALFIll SRIGUEZ All Addresses On File j MIAMI FL 331734201 Dated it h Sex Height State Of Binh Al 6'02 New Jersey Restrictions Endotsements Issue Date Duplicate Expiration Date 04-05-08 Date 04-12-12 AS N Form Number X630804077684 Conditional Messages: Vehicle Intimation • Record VIN r Calm I Bock • i Make nregtdred Date I Reg _I View I AUTO I TAN MAIT im I CHEVROLET ' 08-3047 233717592 I Driver License Trtmeaclions —^-a • , Transaction Date Issue Date ; Update Time iLio Type i Issue Type Change Typo !FL View i 04-07-08 04-05-08 ir—04-10-08 07:1362 DL i RenewaUCIPS I View 01-26-06 03-2544 i 01-2746 01:18:03 I RCT I Reinstatement None View 11-2444 03-2544 I 11-2444 116166 1 DL r Duplicate i None i Lost _ IlViewji / 03-25-04 03-25-041 03-2544 1305:47 DL ! Renewal I None I View 01-23-98 01-23-98 ! 01-23-9817:42:42 Y DL Ir Original i None I Historical Driver License Activity Vehicle Insurance Previous Vehicles j Photo Array Signature Array New Search .1f Main Menu https://www.hsmv.ficjmnethervlei/DLSummary 10/28/2009 EFTA00129401 Map of St Mary's Medical Ctr, 901 45th St West Palm Beach, FL by MapQ Page I of I tiAAPOVAiTo ©TOYOTA moving forward 4009 CAHRY, 31 HWY MPG • .• • • • ,„,„,„„tm,„,, LIMITED TIME DEALS • MPG THROUGH JUNE 30. • • •••o repl.cs•Itigll.inpq Tanta:- CLICK HERE TO LERF:ri MORE A: St Mary's Medical Ctr: 901 45th St, West Palm Beach, FL 33407, itentk Stith. 341:1:141t . - • . , I....7.. Pal UleackShora! la - 41 Comae) -crait to 2998 Iddipues{ MO: , Dito 026q8 NA2.51k1)1,41 TetOi14 All rights reserved. Use subject to LIcense/Copyright Map Legend Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapOuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapCluest Your use of Mapouest means you agree to our Terms 91Use http://www.mapquest.com/maps?cityr-West+Palm+Beach&state=FL&address=901+45th+Street&zipeode... 6/252008 EFTA00129402  DEADLY FORCE POLICY TRAINING MATERIAL - 7/29/2004 DEPARTMENT OF JUSTICE DEADLY FORCE POLICY' Law enforcement officers of the Department of Justice may use deadly force only when necessary, that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person. A. Deadly force may not be used solely to prevent the escape of a fleeing suspect. B. Firearms may not be fired solely to disable moving vehicles. C. If feasible and to do so would not increase the danger to the officer or others, a verbal warning to submit to the authority of the officer shall be given prior to the use of deadly force. D. Warning shots are not permitted[ E. Officers will be trained in alternative methods and tactics for handling resisting subjects which must be used when the use of deadly force is not authorized by this policy. This policy is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. 'Department of Justice Policy Statement Use ofDeadly Force (07/01/2004) in pertinent part (Language relating to Custodial Situations has been intentionally omitted pursuant to FBI policy. See, 66F-14Q-1312253, EC from the Directors Office to All Divisions, titled "REVISIONS TO THE DEPARTMENT OF JUSTICE DEADLY FORCE POLICY', dated 07/07/2004). 2Not included in the above description is the policy relating to the use of deadly force to prevent the escape of a prisoner committed to the custody of the Attorney General or the Bureau ofPrisons. Because Agents will seldom find themselves in a position to apply the custodial aspect of the policy, the FBI will adhere to the policy decision set forth in the Airtel from the Director to All Field Offices, titled 'Deadly Force Policy Matters,' dated 1/5/95, which states "A policy decision has been made that except in cases of prison unrest which would principally involve HRT and/or SWAT, FBI Agents should adhere to the policy and training principles governing the use of deadly force in non-custodial situations. 1 L_ EFTA00129403 07/29/2004 INSTRUCTIONAL OIM ,INF I.. INTRODUCTION The following general principles shall guide the interpretation and application of this policy: A. This policy shall not be construed to require Agents to assume unreasonable risks to themselves. B. The reasonableness of an Agent's decision to use deadly force must be viewed from the perspective of the Agent on the scene without the benefit of 20/20 hindsight. C. Allowance must be made for the fact that Agents are often forced to make split-second decisions in circumstances that are tense, uncertain, and rapidly evolving. II.. DEFINITIONS A. "DEADLY FORCE": Is force that is reasonably likely to cause death or serious physical injury. B. "REASONABLE BELIEF": Is synonymous with "Probable Cause". It is determined by a totality of the facts and circumstances known to Agents at the time, and the logical inferences that may be drawn from them. C. "NECESSARY": The necessity to use deadly force based on the existence of a reasonable belief that the person against whom such force is used poses an imminent danger of death or serious physical injury to the Agent or other persons. D. "IMMINENT DANGER": "Imminent" does not mean "immediate" or "instantaneous", but that an action is pending. Thus, a subject may pose an imminent danger even if he is not at that very moment pointing a weapon at the Agent. For example, imminent danger may exist if Agents have probable cause to believe any of the following: 2 EFTA00129404  1. The subject possess a weapon, or is attempting to gain access to a weapon, under circumstances indicating an intention to use it against the Agents or others; a, 2. The subject is armed and running to gain the tactical advantage of cover; or. 3. A subject with the capability of inflicting death or serious physical injury--or otherwise incapacitating agents--without a deadly weapon, is demonstrating an intention to do so; or, 4. The subject is attempting to escape from the vicinity of a violent confrontation in which the suspect inflicted or attempted the infliction of death or serious physical injury. III APPLICATION OF DEADLY FORCE In assessing the necessity to use deadly force, the following practical considerations are relevant to its proper application: A. Inherent Limitation on Abilities to Assess the Threat and Respond. 1. Limited Time (Action v. Reaction) - there will always be an interval of time between a subject's action and an Agent's ability to perceive that action, to assess its nature, and