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Use-of-Force Continuum: Arizona Statutory Definitions

Training

Citation

Ariz. Rev. Stat. Ann. § 13-410(C), (D)

First enacted 1977

Effective date Jun. 7, 1989

Amended by S.B. 1257

Summary and Notes

General statute defines instances where the use of deadly force by police officers is justifiable. Note that this provision utilizes a subjective reasonableness standard.

Relevant Excerpt

(C) The use of deadly force by a peace officer against another is justified pursuant to § 13-409 only when the peace officer reasonably believes that it is necessary: (1) to defend himself or a third person from what the peace officer reasonably believes to be the use or imminent use of deadly physical force...[or] (2) to effect an arrest or prevent the escape from custody of a person whom the peace officer reasonably believes: (a) has committed, attempted to commit, is committing or is attempting to commit a felony involving the use or a threatened use of a deadly weapon, (b) is attempting to escape by use of a deadly weapon, (c) through past or present conduct of the person which is known by the peace officer that the person is likely to endanger human life or inflict serious bodily injury to another unless apprehended without delay, [or] (d) is necessary to lawfully suppress a riot if the person or another person participating in the riot is armed with a deadly weapon.

(D) Notwithstanding any other provisions of this chapter, a peace officer is justified in threatening to use deadly physical force when and to the extent a reasonable officer believes it necessary to protect himself against another's potential use of physical force or deadly physical force.

Ariz. Rev. Stat. Ann. § 13-409

First enacted 1977

Effective date Oct. 1, 1978

General statute defines instances where the use of force is justifiable. Note that this provision utilizes an objective reasonableness standard.

A person is justified in threatening or using physical force against another if in making or assisting in an arrest or detention or in preventing or assisting in preventing the escape after arrest or detention of that other person, such person uses or threatens to use physical force and all of the following exist: (1) a reasonable person would believe that such force is immediately necessary to effect the arrest or detention or prevent the escape; (2) such person makes known the purpose of the arrest or detention or believes that it is otherwise known or cannot reasonably be made known to the person to be arrested or detained; [and] (3) a reasonable person would believe the arrest or detention to be lawful.

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