21-3215. Law enforcement officer's use of force in making arrest. - Kansas Statutes

21-3215

Chapter 21.--CRIMES AND PUNISHMENTS PART I.--GENERAL PROVISIONS Article 32.--PRINCIPLES OF CRIMINAL LIABILITY

      21-3215.   Law enforcement officer's use of force in making arrest.(1) A law enforcement officer, or any person whom such officer has summoned ordirected to assist in making a lawful arrest, need not retreator desist from efforts to make alawful arrest because of resistance or threatened resistance to the arrest.Such officer is justified in the use of any force whichsuch officer reasonably believes to benecessary to effect the arrest and of any force which such officer reasonablybelieves to be necessary to defend the officer's self oranother from bodily harmwhile making the arrest. However, such officer is justified inusing force likely tocause death or great bodily harm only when such officerreasonably believes that suchforce is necessary to prevent death or great bodily harm tosuch officer oranother person, or when such officer reasonably believes thatsuch force is necessaryto prevent the arrest from being defeated by resistance or escape and suchofficer has probable cause to believe that theperson to be arrested has committed or attempted to commit a felonyinvolving great bodily harm or isattempting to escape by use of a deadly weapon, or otherwise indicates thatsuch person will endanger human life or inflict great bodilyharm unless arrestedwithout delay.

      (2)   A law enforcement officer making an arrest pursuant to an invalidwarrant is justified in the use of any force which such officerwould be justified inusing if the warrant were valid, unless such officer knows that the warrant isinvalid.

      History:   L. 1969, ch. 180, § 21-3215;L. 1990, ch. 98, § 1;L. 1993, ch. 69, § 1; July 1.