Section 11.81.370. Justification: Use of force by a peace officer in making an arrest or terminating an escape.

   (a) In addition to using force justified under other sections of this chapter, a peace officer may use nondeadly force and may threaten to use deadly force when and to the extent the officer reasonably believes it necessary to make an arrest, to terminate an escape or attempted escape from custody, or to make a lawful stop.  The officer may use deadly force only when and to the extent the officer reasonably believes the use of deadly force is necessary to make the arrest or terminate the escape or attempted escape from custody of a person the officer reasonably believes
        (1) has committed or attempted to commit a felony which involved the use of force against a person;
        (2) has escaped or is attempting to escape from custody while in possession of a firearm on or about the person; or
        (3) may otherwise endanger life or inflict serious physical injury unless arrested without delay.
   (b) The use of force in making an arrest or stop is not justified under this section unless the peace officer reasonably believes the arrest or stop is lawful.
   (c) Nothing in this section prohibits or restricts a peace officer in preparing to use or threatening to use a dangerous instrument.

Authorities

11.81.400;12.25.080;12.25.130

Notes

References

AS 11.81.400 Justification: Use of force in resisting or interfering with arrest.
AS 12.25.080 Means to effect resisted arrest. [Repealed, Sec. 21 ch 59 SLA
AS 12.25.130 Means usable to retake prisoner. [Repealed, Sec. 21 ch 166 SLA

History

(Sec. 10 ch 166 SLA 1978)

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