ID 18-4011. Justifiable homicide by officer

ID 18-4011. Justifiable homicide by officer

State: Idaho

Idaho Code § 18-4011 (2018)

Idaho Code Annotated
PENAL CODE
TITLE 18. CRIMES AND PUNISHMENTS
CHAPTER 40. HOMICIDE

§ 18-4011. Justifiable homicide by officer

Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either:

1. In obedience to any judgment of a competent court; or

2. When reasonably necessary in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty including suppression of riot or keeping and preserving the peace. Use of deadly force shall not be justified in overcoming actual resistance unless the officer has probable cause to believe that the resistance poses a threat of death or serious physical injury to the officer or to other persons; or

3. When reasonably necessary in preventing rescue or escape or in retaking inmates who have been rescued or have escaped from any jail, or when reasonably necessary in order to prevent the escape of any person charged with or suspected of having committed a felony, provided the officer has probable cause to believe that the inmate, or persons assisting his escape, or the person suspected of or charged with the commission of a felony poses a threat of death or serious physical injury to the officer or other persons.

(Updated LEXIS 4/12/18)

By | 2018-04-12T11:24:00+00:00 April 12th, 2018|Comments Off on ID 18-4011. Justifiable homicide by officer