[Code of Federal Regulations]

[Title 10, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 10CFR1049.6]



[Page 948]

 

                            TITLE 10--ENERGY

 

          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)

 

PART 1049_LIMITED ARREST AUTHORITY AND USE OF FORCE BY PROTECTIVE 

FORCE OFFICERS OF THE STRATEGIC PETROLEUM RESERVE--Table of Contents

 

Sec. 1049.6  Exercise of arrest authority--Use of non-deadly force.



    (a) When a Protective Force Officer is authorized to make an arrest 

as provided in the Act, the Protective Force Officer may use only that 

degree of non-deadly force that is reasonable and necessary to apprehend 

and arrest the suspect in order to prevent escape or to defend the 

Protective Force Officer or other persons from what the Officer 

reasonably believes to be the use or threat of imminent use of non-

deadly force by the suspect. Verbal abuse by the suspect, in itself, is 

not a basis for the use of non-deadly force by a Protective Force 

Officer under any circumstances.

    (b) Protective Force Officers should consult the local DOE Office of 

Chief Counsel and contractor legal counsel for additional guidance on 

the use of non-deadly force in the exercise of arrest authority, as 

appropriate.