563.046. Law enforcement officer’s use of force in making an arrest.
Police can use force to arrest someone, but it must be reasonable—and deadly force is limited.
Law enforcement officers are allowed to use physical force to arrest someone or stop them from escaping—but there are strict rules on when and how much force can be used.
1. A police officer doesn’t have to back down from making an arrest or stopping an escape just because the person resists or threatens to resist. They can use physical force if they reasonably believe it’s needed right away to make the arrest or stop the escape.
2. The force used must be based on a lawful arrest—or a belief that the arrest is lawful—and must be objectively reasonable given all the facts and circumstances. The officer’s personal motives don’t matter.
3. Deadly force can only be used:
- When it’s allowed under other parts of this chapter; or
- If the officer reasonably believes it’s immediately necessary and the person:
- Has committed or tried to commit a felony involving serious harm or the threat of it;
- Is trying to escape using a deadly weapon or dangerous item; or
- Could seriously hurt or kill the officer or someone else if not arrested right away.
4. The defendant must raise the issue of justification under this section as part of their defense.
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