Published on: Thursday, September 16, 2021

The Justice Department's latest order has banned the use of chokeholds by federal agents and limited federal use of no-knock warrants (article available here).

Both the neck restraints and no-knock warrants have resulted in high-profile in-custody deaths in recent years that have spurred calls for those techniques to be banned outright.

The DOJ's policy change Tuesday bans both chokeholds and "carotid restraints" except in cases where officers are authorized to use deadly force. In those cases, an agent would still be able to apply pressure to someone's neck or carotid artery to restrict airflow or blood.

The policy change affects federal agents, and local and state officers serving on federal task forces. Deputy Attorney General Lisa Monaco in a memo released Tuesday cited "the inherent dangerousness of chokeholds and carotid restraints," and said the DOJ relied on "feedback from our law enforcement components on these techniques."

If an agent wants to execute a no-knock warrant for any reason other than public safety, they must get approval from a federal prosecutor and law enforcement leadership before seeking judicial authorization, the memo said.

Attorney General Merrick B. Garland said the restrictions "are among the important steps the department is taking to improve law enforcement safety and accountability.”

In June the DOJ directed the FBI, DEA, ATF, and the US Marshals Service to develop a body-worn camera policy for agents and task-force officers serving fugitive or search and seizure warrants. Earlier this month, the department announced the ATF in Phoenix and Detroit field divisions began wearing cameras during warrant service.