DOJ Imposes Further Restrictions on Law Enforcement Use of Force Within the Department

The Justice Department is imposing limitations on federal law enforcement officers and their use of “no-knock” entries and chokeholds in an effort to improve accountability.

This move goes hand in hand with the Biden Administration’s attempts to increase law enforcement accountability and transparency. According to the new policy, officers are no longer allowed to use chokeholds or “carotid restraints” unless deadly force is authorized. The policy furthers that deadly force is only authorized when an officer has “reasonable belief” they or another person face imminent danger of death or serious injury.

Furthermore, the policy places strict restrictions on "no-knock" entries when enacting warrant. Under the policy, officers are only allowed to enter without acknowledging their presence when they believe there is an imminent threat to public safety. Even then, officers are still required to receive approval from a federal prosecutor and his or her law enforcement component.

Attorney General Merrick Garland explained the need for such limitations, saying "Building trust and confidence between law enforcement and the public we serve is central to our mission at the Justice Department. The limitations implemented today on the use of 'chokeholds,' 'carotid restraints' and 'no-knock' warrants, combined with our recent expansion of body-worn cameras to DOJ's federal agents, are among the important steps the department is taking to improve law enforcement safety and accountability."

These reforms only impact DOJ components.

As previously reported by FEDagent, the DOJ has already been rolling out a program to support and finance body worn cameras among law enforcement to increase accountability and transparency among law enforcement and citizens.

The new policies are the result of Deputy Attorney General Lisa Monaco’s review of federal law enforcement and her finding that the DOJ “did not have consistent written policies across its law enforcement components" on the use of chokeholds or on no-knock entries when executing warrants, according to a September 13, 2021 memo.

Lawmakers in Congress have been attempting to negotiate a police reform bill on the Hill, but this week negotiations broke down. Senator Cory Booker (D-NJ) and Congresswoman Karen Bass (D-CA) called off negotiations with Senator Tim Scott (R-SC) after the two could not reach a consensus during talks aimed at overhauling police tactics and accountability.

Sen. Booker said of the suspension of negotiations, “Unfortunately, even with this law enforcement support and further compromises we offered, there was still too wide a gulf with our negotiating partners and we faced significant obstacles to securing a bipartisan deal.”

On the contrary, Sen. Scott said he was "deeply disappointed that Democrats have once again squandered a crucial opportunity to implement meaningful reform to make our neighborhoods safer and mend the tenuous relationship between law enforcement and communities of color."