IN IJA 10.1200. Law Enforcement Officer’s Use of Force Relating to Arrest or Escape.

IN IJA 10.1200. Law Enforcement Officer’s Use of Force Relating to Arrest or Escape.

State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 10 DEFENSES RELATING TO CULPABILITY

Instruction No. 10.1200. Law Enforcement Officer’s Use of Force Relating to Arrest or Escape.

I.C. 35-41-3-3.

[A law enforcement officer is justified in using reasonable force if he/she reasonably believes that the force is necessary to effect a lawful arrest.

However, an officer is justified in using deadly force only if the officer:

(has probable cause to believe that deadly force is necessary to prevent the commission of a forcible felony)

(or)

(to effect an arrest of a person whom the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person)

and

( has given a warning, if feasible, to the person against whom the deadly force is to be used).]

[A law enforcement officer making an arrest under an invalid warrant is justified in using force as if the warrant was valid, unless the officer knows that the warrant is invalid.]

[A law enforcement officer who has an arrested person in custody is justified in using the same force to prevent the escape of the arrested person from custody that the officer would be justified in using if the officer was arresting that person.

However, an officer is justified in using deadly force only if the officer:

(has probable cause to believe that deadly force is necessary to prevent the escape from custody of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person)

and

(has given a warning, if feasible, to the person against whom the deadly force is to be used).]

[A guard or other official in a penal facility or a law enforcement officer is justified in using reasonable force, including deadly force, if he reasonably believes that the force is necessary to prevent the escape of a person who is detained in the penal facility.]

The State has the burden of disproving this defense beyond a reasonable doubt.

By | 2018-03-11T12:20:30+00:00 March 11th, 2018|Comments Off on IN IJA 10.1200. Law Enforcement Officer’s Use of Force Relating to Arrest or Escape.