onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

Indiana Code - Criminal Law and Procedure - Title 35, Section 35-41-3-3

Legal Research Home > Indiana Law > Criminal Law and Procedure > Indiana Code - Criminal Law and Procedure - Title 35, Section 35-41-3-3

Use of force relating to arrest or escape

Sec. 3. (a) A person other than a law enforcement officer is
justified in using reasonable force against another person to effect an
arrest or prevent the other person's escape if:
(1) a felony has been committed; and
(2) there is probable cause to believe the other person
committed that felony.

However, such a person is not justified in using deadly force unless
that force is justified under section 2 of this chapter.
(b) A law enforcement officer is justified in using reasonable
force if the officer reasonably believes that the force is necessary to
effect a lawful arrest. However, an officer is justified in using deadly
force only if the officer:
(1) has probable cause to believe that that deadly force is
necessary:
(A) to prevent the commission of a forcible felony; or
(B) to effect an arrest of a person who the officer has
probable cause to believe poses a threat of serious bodily
injury to the officer or a third person; and
(2) has given a warning, if feasible, to the person against whom
the deadly force is to be used.
(c) A law enforcement officer making an arrest under an invalid
warrant is justified in using force as if the warrant was valid, unless
the officer knows that the warrant is invalid.
(d) A law enforcement officer who has an arrested person in
custody is justified in using the same force to prevent the escape of
the arrested person from custody that the officer would be justified
in using if the officer was arresting that person. However, an officer
is justified in using deadly force only if the officer:
(1) has probable cause to believe that deadly force is necessary
to prevent the escape from custody of a person who the officer
has probable cause to believe poses a threat of serious bodily
injury to the officer or a third person; and
(2) has given a warning, if feasible, to the person against whom
the deadly force is to be used.
(e) A guard or other official in a penal facility or a law
enforcement officer is justified in using reasonable force, including
deadly force, if the officer has probable cause to believe that the
force is necessary to prevent the escape of a person who is detained
in the penal facility.
(f) Notwithstanding subsection (b), (d), or (e), a law enforcement
officer who is a defendant in a criminal prosecution has the same
right as a person who is not a law enforcement officer to assert
self-defense under IC 35-41-3-2.

As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977,
P.L.340, SEC.9; Acts 1979, P.L.297, SEC.2; P.L.245-1993, SEC.1.

Speak with a Lawyer in Indiana

Last modified: May 25, 2006