LD 1020
pg. 2
Page 1 of 7 PUBLIC Law Chapter 143 Page 3 of 7
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LR 811
Item 1

 
A. When and to the extent that he the officer reasonably
believes it necessary to effect an arrest or to prevent the
escape from custody of an arrested person, unless he the
officer knows that the arrest or detention is illegal; or

 
B. To defend himself or herself or a 3rd person from what
he the officer reasonably believes to be the imminent use of
unlawful nondeadly force encountered while attempting to
effect such an arrest or while seeking to prevent such an
escape.

 
2. A law enforcement officer is justified in using deadly
force only when he the officer reasonably believes such force is
necessary:

 
A. To defend himself or herself or a 3rd person from what
he the officer reasonably believes is the imminent use of
unlawful deadly force; or

 
B. To effect an arrest or prevent the escape from arrest of
a person when the law enforcement officer reasonably
believes that the person has committed a crime involving the
use or threatened use of deadly force, is using a dangerous
weapon in attempting to escape or otherwise indicates that
the person is likely to endanger seriously human life or to
inflict serious bodily injury unless apprehended without
delay; and

 
(1) The law enforcement officer has made reasonable
efforts to advise the person that the officer is a law
enforcement officer attempting to effect an arrest or
prevent the escape from arrest and the officer has
reasonable grounds to believe that the person is aware
of this advice; or

 
(2) The law enforcement officer reasonably believes
that the person to be arrested otherwise knows that the
officer is a law enforcement officer attempting to
effect an arrest or prevent the escape from arrest.

 
For purposes of this paragraph, "a reasonable belief that
another has committed a crime involving use or threatened
use of deadly force" means such reasonable belief in facts,
circumstances and the law which, if true, would constitute
such an offense by that person. If the facts and
circumstances reasonably believed would not constitute such
an offense, an erroneous but reasonable belief that the law
is otherwise justifies the use of deadly force to make an
arrest or prevent an escape.


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