INDEX


                        GUIDELINES FOR FRESH PURSUIT

1.  PURPOSE.  The purpose of these guidelines  which have been approved by
    the Attorney General, is to set forth the procedures to be followed by
    protective personnel, including Department of Energy contractor and
    subcontractor protective personnel, when pursuing suspected criminals
    across jurisdictional lines.

2.  POLICY.  It is Department policy to prevent the escape and effect the
    arrest of fleeing suspected criminals in a safe and expeditious manner.
    The following procedures are merely guidelines and are intended to
    provide protective personnel with flexibility when in fresh pursuit of a
    fleeing suspected criminal.  Specific guidelines that take into account
    the geography, equipment, and functions of the facility, and that
    address procedures to be utilized to provide emergency notification to
    jurisdictions that may be entered in a fresh pursuit situation, shall be
    prepared on a site-specific basis and shall be submitted by the Manager
    of each Operations Office to the Director of Security Affairs for
    approval.

3.  DEFINITIONS/1.  The following definitions are applicable to this
    Attachment.

    a.   Felony.  Any offense enumerated in Title 10, Code of Federal
         Regulations (CFR), section 1047.4(a)(1)(i), as well as any offense
         constituting a felony under the laws of the jurisdiction in which
         the facility is located and with respect to which a protective
         force officer would have arrest authority under 10 CFR 1047.4(d)
         and (e).

    b.   Fresh Pursuit.  Pursuit (with or without a warrant) for the purpose
         of preventing the escape or effecting the arrest of any person who
         is suspected of committing, or having committed, a misdemeanor or
         felony.  Fresh pursuit implies pursuit without unreasonable delay,
         but need not be immediate pursuit.

    c.   In the Presence of.  The criminal act must have taken place in the
         physical presence of (under the observation of) the protective
         force officer.  Knowledge of the existence of a criminal violation
         obtained in any other way (e.g., information from other persons) is
         not sufficient to permit an arrest under 10 CFR 1047.4(b), Felony
         Arrests.

    d.   Jurisdictional Lines.  For the purposes of these guidelines, shall
         include, but shall not be limited to, the property lines of a
         Department of Energy facility.

    e.   Misdemeanor.  Any offense enumerated in 10 CFR 1047.4(a)(1)(ii), as
         well as any offense constituting a misdemeanor under the laws of
         the jurisdiction in which the facility is located and with respect
         to which a protective force officer would have arrest authority
         under 10 CFR 1047.4(d) and (e).

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    /1   Use of Number.  As used in these guidelines, words in the singular
         also include thee plural and vice versa, as the use may require.

    f.   Protective Force Officer.  Any person authorized by Department of
         Energy authority to carry firearms under section 161k of the Atomic
         Energy Act (10 CFR 1047.3(g)).

    g.   Reasonable Grounds to Believe.  At the moment of arrest, either the
         facts and circumstances within the knowledge of the protective
         force officer, or of which the protective force officer had
         reasonably trustworthy information, were sufficient to cause a
         prudent person to believe that the suspect had committed or was
         committing the offense (10 CFR 1047.4(b)(2)).

4.  AUTHORIZED PURSUIT ACROSS JURISDICTIONAL LINES.

    a.   Misdemeanors.  Protective force officers may engage in the fresh
         pursuit of a suspected misdemeanant across jurisdictional lines
         only if the alleged misdemeanor was committed, or is being
         committed, in the presence of a protective force officer:  If the
         alleged misdemeanor was not committed in the presence of a
         protective force officer, no protective force officers shall pursue
         the suspected misdemeanant across jurisdictional lines.  Instead,
         the protective force officers shall attempt to obtain a description
         of the suspected misdemeanant, as well as a description and license
         tag number of any vehicle being utilized by the suspected
         misdemeanant, and this information shall be conveyed (in accordance
         with the specific notification procedures issued by the manager of
         the DOE Operations Office) to the state and other local law
         enforcement authorities for the jurisdiction into which the
         suspected misdemeanant has fled.

    b.   Felonies.  Protective force officers may engage in the fresh
         pursuit of a suspected felon across jurisdictional lines if:

         (1)  The alleged felony is being committed, or was committed, in
              the presence of a protective force officer; or

         (2)  Any protective force officer has reasonable grounds to believe
              that the person pursued is committing, or has committed, the
              alleged felony.

5.  FRESH PURSUIT PROCEDURES.

    a.   Responsibility.  Responsibility for decisions respecting fresh
         pursuit shall follow the protective force command structure.  In
         making fresh pursuit decisions, protective force officers shall
         take into consideration applicable Federal and State laws;
         Departmental Orders, guidelines, and regulations; and Protective
         Force orders, guidelines, and training.

    b.   Safety Considerations.

         (1)  Safety is a primary consideration when engaged in fresh
              pursuit of a suspected criminal.  In determining whether to
              pursue, as well as the method and means of pursuit, a
              protective force officer will weigh the seriousness of the
              alleged offense and the necessity for immediate apprehension
              against the risk of injury to himself/herself, other
              protective force officers, and the public.  If at any time
              during the pursuit the risk of injury to pursuing protective
              force officers or the public surpasses the necessity for
              immediate apprehension, the pursuit shall be terminated.

         (2)  Protective force officers will use the minimum force necessary
              under the circumstances to apprehend a suspected criminal.

         (3)  The use of physical and/or deadly force in a fresh pursuit
              situation, regardless of whether jurisdictional lines have
              been crossed, shall be in strict conformance with 10 CFR
              1047.6 and 1047.7, and other Departmental guidelines
              applicable to the use of force on Department of Energy
              facilities.

    c.   Vehicular Pursuit.

         (1)  Vehicles utilized in fresh pursuit shall be operated in as
              safe a manner as is practicable.

         (2)  To the extent practicable, vehicles utilized should be
              "marked" and should be equipped with visual and audible
              emergency equipment.

         (3)  Vehicles occupied by nonprotective force personnel shall not
              be used in fresh pursuit situations unless the situation
              mandates an immediate pursuit, and the extreme circumstances
              prohibit the occupant's disembarkation.

         (4)  The number of pursuing vehicles that cross a jurisdictional
              line should be limited to that necessary to provide sufficient
              personnel to deal with the situation.  Under no circumstance
              should the number of pursing protective force officers be such
              that the facility is left without sufficient security
              protection.

         (5)  There is an inherent danger associated with the use of
              roadblocks.  Thus, unless exigent circumstances mandate the
              immediate apprehension of the suspected criminal, roadblocks
              generally should not be attempted without the authorization of
              the appropriate law enforcement officials of the jurisdiction
              entered, and should not be utilized to apprehend suspected
              misdemeanants.  Under no circumstances will a roadblock be
              used without the concurrence of the supervisor of the pursuing
              protective force officers.

    d.   Aerial Assistance.  Where the Department has aerial capability
         (e.g., helicopters, fixed-wing aircraft), specific guidelines
         regarding the use of aircraft, including observation, reporting,
         and deployment of response forces, shall be developed and approved
         by the Manager of the Operations Office, in coordination with
         appropriate State and other focal officials.  Such aerial pursuit
         guidelines shall be included in the site-specific guidelines
         submitted by the Manager of each Operations Office to the Director
         of Security Affairs for approval.

    e.   Communications.

         (1)  At all times during a fresh pursuit situation, the protective
              force officers involved shall make every attempt practicable
              to maintain open communications and to relay as much factual
              information as possible to the protective force dispatcher.

         (2)  Upon the engagement of a fresh pursuit situation, the
              protective force dispatcher shall immediately notify
              supervisors in the protective force command structure and the
              officer in charge of onsite protective force operations.

         (3)  When it becomes apparent to the pursuing protective force
              officers that jurisdictional line(s) might be crossed, this
              information shall be transmitted immediately to the law
              enforcement authorities to be entered in accordance with the
              site-specific emergency notification procedures.  To the
              extent possible, such notification shall include a description
              of the fleeing suspect and/or vehicle, the alleged criminal
              violation for which such suspect and/or vehicle is being
              pursued, and the location and direction of travel of the
              suspect.

    f.   Coordination with Other Law Enforcement Authorities.

         (1)  When other Federal law enforcement authorities (e.g., Federal
              Bureau of Investigation or United States Marshal), or State or
              other local law enforcement authorities for the jurisdiction
              into which the suspected criminal has fled, join the pursuit,
              those law enforcement officials shall be primarily responsible
              for the continued pursuit.  The protective force dispatcher,
              supervisors in the protective force command structure, and the
              officer in charge of onsite protective force operations shall
              coordinate the pursuit efforts of protective personnel with
              the other Federal, State, and/or other local law enforcement
              authorities.

         (2)  Protective force officers participating in the pursuit should
              continue to participate until otherwise instructed by the
              protective force dispatcher, respective supervisors in the
              protective force command structure, or the officer in charge
              of onsite protective force operations.

         (3)  At least one protective force officer unit will remain
              available to assist the other Federal or State and other local
              law enforcement authorities until the pursuit is concluded or
              otherwise terminated.  That protective force officer unit will
              thereafter provide such law enforcement authorities with all
              relevant information regarding the circumstances surrounding
              the incident.

    g.   Arrests.

         (1)  When other Federal law enforcement authorities (e.g., Federal
              Bureau of Investigation or United States Marshal) are involved
              with protective personnel in the apprehension of a suspected
              criminal (regardless of whether on or off Federal property),
              protective personnel shall relinquish arresting authority to
              such other Federal law enforcement authorities.

         (2)  When State or other local law enforcement authorities are
              involved with protective personnel in the offsite apprehension
              of a suspected criminal, the issue of which law enforcement
              official is in charge in order to effect an arrest is
              generally not a matter of policy but one of common sense
              dictated by the circumstances.  Such an assessment includes an
              evaluation of the expertise of those present, which agency has
              first established control, and the disruptive effect, if any,
              of transfer of control.  The determination of which
              jurisdiction should make the arrest is, therefore, left to the
              discretion of the officers involved.  To the extent
              practicable, specific guidelines addressing this issue should
              be prepared on a site-by-site basis in coordination with State
              and other local law enforcement authorities.  Such guidelines
              shall be included in the site specific guidelines submitted by
              the Manager of each Operations Office to the Director of
              Security Affairs for approval.

         (3)  When a suspected felon is apprehended (regardless of whether
              on or off Federal property), or when a suspected misdemeanant
              is apprehended on Federal property, the protective force
              officer shall immediately notify the appropriate United States
              Attorney's Office and escort the suspect to the nearest United
              States District Court or United States Magistrate for
              arraignment (unless otherwise directed by local Federal law
              enforcement authorities; e.g., Federal Bureau of Investigation
              or United States Marshal).  Under no circumstances shall a
              suspected felon be removed to another jurisdiction without
              first being processed through the Federal criminal justice
              system where the suspected felon was apprehended.

         (4)  The pursuing protective force officers shall ensure that any
              Government property retrieved during pursuit, or at the time
              of apprehension, is properly secured and a chain of custody
              established.