Iowa Criminal Jury Instructions
CHAPTER 400 JUSTIFICATION

400.10 Justification – Elements – [Citizen’s] Arrest of Another Committing a Public Offense.

The defendant was justified in using reasonable force if [he][she] reasonably believed the force was necessary to make an arrest of another who has committed or attempted a public offense in the person’s presence.

The defendant was not required to act with perfect judgment. However, [he] [she] was required to act as a reasonable person would have under the circumstances which existed at that time.

If in the defendant’s mind the need to use force was actual, real, imminent or unavoidable, even if the defendant was wrong in estimating the force necessary to effect an arrest, the force was justified if the defendant had a reasonable basis for [his][her] belief and responded reasonably to that belief.

If the State has proved any of the following elements, the defendant was not justified:

1. A public offense had not been committed or attempted in the defendant’s presence.

2. The defendant did not reasonably believe the force used was necessary to [make the arrest][prevent serious injury to another].

Authority

Iowa Code section 704.12, 804.8, 804.9, 804.10

State v. Lawler, 571 N.W.2d 486 (Iowa 1997)

Comment

Note: A citizen’s arrest is a defense to charges of false imprisonment and assault. State v. Lawler, 571 N.W.2d 486 (Iowa 1997).

Note: If deadly force is used, Iowa Criminal Jury Instruction J.I. Crim._

 

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