Statute 21-3215: Law enforcement officer's use of force in making arrest.
(1) A law enforcement officer, or any person whom such officer has summoned or
directed to assist in making a lawful arrest, need not retreat
or desist from efforts to make a
lawful arrest because of resistance or threatened resistance to the arrest.
Such officer is justified in the use of any force which
such officer reasonably believes to be
necessary to effect the arrest and of any force which such officer reasonably
believes to be necessary to defend the officer's self or
another from bodily harm
while making the arrest. However, such officer is justified in
using force likely to
cause death or great bodily harm only when such officer
reasonably believes that such
force is necessary to prevent death or great bodily harm to
such officer or
another person, or when such officer reasonably believes that
such force is necessary
to prevent the arrest from being defeated by resistance or escape and such
officer has probable cause to believe that the
person to be arrested has committed or attempted to commit a felony
involving great bodily harm or is
attempting to escape by use of a deadly weapon, or otherwise indicates that
such person will endanger human life or inflict great bodily
harm unless arrested
without delay.
(2) A law enforcement officer making an arrest pursuant to an invalid
warrant is justified in the use of any force which such officer
would be justified in
using if the warrant were valid, unless such officer knows that the warrant is
invalid.
History: L. 1969, ch. 180, § 21-3215;
L. 1990, ch. 98, § 1;
L. 1993, ch. 69, § 1; July 1.