Law enforcement officer's use of force in making an arrest
A law enforcement officer does not have to back off when trying to arrest someone or stop them from escaping, even if the person resists. The officer can use physical force if they reasonably believe it is needed to make the arrest, but only if the arrest is lawful and the amount of force used was objectively reasonable given the situation. The officer can only use deadly force if they reasonably believe it is immediately necessary AND the person being arrested has committed a serious violent felony, is trying to escape with a deadly weapon, or could seriously hurt or kill someone if not arrested right away. If someone charged with a crime wants to claim the officer was justified, that person has to bring up that argument themselves in court.
563.046. 's use of force in making an . — 1. A law enforcement officer need not retreat or from efforts to , or from efforts to prevent the escape from , of a person he or she reasonably believes to have committed an because of resistance or threatened resistance of the . In addition to the use of physical force under other sections of this chapter, a law enforcement officer is, subject to the of subsections 2 and 3, in the use of such physical force as he or she reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.
2. The use of any physical force in making an arrest is not justified under this section unless the arrest is lawful or the law enforcement officer reasonably believes the arrest is lawful, and the amount of physical force used was in light of the confronting the officer on the scene, without regard to the officer's underlying intent or motivation.
3. In or in preventing an escape from custody, a law enforcement officer is justified in using only:
(1) When deadly force is authorized under other sections of this chapter; or
(2) When the officer reasonably believes that such use of deadly force is immediately necessary to effect the arrest or prevent an escape from custody and also reasonably believes that the person to be arrested:
(a) Has committed or attempted to commit a offense involving the infliction or threatened infliction of ; or
(b) Is attempting to escape by use of a or ; or
(c) May otherwise endanger life or inflict serious physical injury to the officer or others unless arrested without delay.
4. The shall have the of under this section.
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Source & history notes
(L. 1977 S.B. 60, A.L. 2016 H.B. 2332) Effective 1-01-17
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