21-5227. Same; law enforcement officer making arrest. (a) A law enforcement officer, or any person whom such officer has summoned or directed to assist in making a lawful arrest, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. Such officer is justified in the use of any force which such officer reasonably believes to be necessary to effect the arrest and the use of any force which such officer reasonably believes to be necessary to defend the officer's self or another from bodily harm while making the arrest. However, such officer is justified in using deadly force only when such officer reasonably believes that such force is necessary to prevent death or great bodily harm to such officer or another person, or when such officer reasonably believes that such force is necessary to prevent the arrest from being defeated by resistance or escape and such officer has probable cause to believe that the person to be arrested has committed or attempted to commit a felony involving death or great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that such person will endanger human life or inflict great bodily harm unless arrested without delay.
(b) A law enforcement officer making an arrest pursuant to an invalid warrant is justified in the use of any force which such officer would be justified in using if the warrant were valid, unless such officer knows that the warrant is invalid.
History: L. 2010, ch 136, § 25; L. 2011, ch. 30, § 11; July 1.
Structure Kansas Statutes
Chapter 21 - Crimes And Punishments
Article 52 - Principles Of Criminal Liability
21-5201 Requirements of voluntary act or omission.
21-5202 Culpable mental state; definition of intentionally, knowingly, recklessly.
21-5203 Guilt without culpable mental state, when.
21-5204 Culpable mental state; exclusions.
21-5209 Defense of lack of mental state.
21-5210 Liability for crimes of another.
21-5211 Corporations; criminal responsibility.
21-5212 Individual liability for corporate crime.
21-5220 Use of force; construction and application.
21-5221 Use of force; definitions.
21-5222 Same; defense of a person; no duty to retreat.
21-5223 Same; defense of dwelling, place of work or occupied vehicle; no duty to retreat.
21-5224 Use of force; presumptions.
21-5225 Same; defense of property other than a dwelling, place of work or occupied vehicle.
21-5226 Same; by an aggressor.
21-5227 Same; law enforcement officer making arrest.
21-5228 Same; private person making arrest.
21-5229 Same; resisting arrest.
21-5230 Same; no duty to retreat.
21-5231 Same; immunity from prosecution or liability; investigation.