563.046. Law enforcement officer's use of force in making an arrest. - Missouri Statutes

Law enforcement officer's use of force in making an arrest.

563.046. 1. A law enforcement officer need not retreat ordesist from efforts to effect the arrest, or from efforts toprevent the escape from custody, of a person he reasonablybelieves to have committed an offense because of resistance orthreatened resistance of the arrestee. In addition to the use ofphysical force authorized under other sections of this chapter,he is, subject to the provisions of subsections 2 and 3,justified in the use of such physical force as he reasonablybelieves is immediately necessary to effect the arrest or toprevent the escape from custody.

2. The use of any physical force in making an arrest is notjustified under this section unless the arrest is lawful or thelaw enforcement officer reasonably believes the arrest is lawful.

3. A law enforcement officer in effecting an arrest or inpreventing an escape from custody is justified in using deadlyforce only

(1) When such is authorized under other sections of thischapter; or

(2) When he reasonably believes that such use of deadlyforce is immediately necessary to effect the arrest and alsoreasonably believes that the person to be arrested

(a) Has committed or attempted to commit a felony; or

(b) Is attempting to escape by use of a deadly weapon; or

(c) May otherwise endanger life or inflict serious physicalinjury unless arrested without delay.

4. The defendant shall have the burden of injecting theissue of justification under this section.

(L. 1977 S.B. 60)

Effective 1-1-79