46.3308 Law enforcement officer’s use of force in making an arrest.

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(a) A law enforcement officer need not retreat nor desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he reasonably believes to have committed an offense because of resistance or threatened resistance of the arrested person. In addition to the use of physical force authorized under other sections of this chapter he is subject to subsections (b) and (c) justified in the use of the physical force as he reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.

(b) The use of any physical force in making an arrest is not justified under this section unless the law enforcement officer reasonably believes the arrest is lawful.

(c) A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force only:

(1) when it is authorized tinder other sections of this chapter; or

(2) when he reasonably believes that the use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested may endanger life or inflict serious physical injury unless arrested without delay.

(d) The defendant has the burden of injecting the issue of justification under this section.

History: 1979, PL 16-43 § 2.