TITLE 19

CRIMINAL PROCEDURE

CHAPTER 6

ARREST, BY WHOM AND HOW MADE

19-610.  What force may be used. When the arrest is being made by an officer under the authority of a warrant or when the arrest is being made without a warrant but is supported by probable cause to believe that the person has committed an offense, after information of the intention to make the arrest, if the person to be arrested either flees or forcibly resists, the officer may use all reasonable and necessary means to effect the arrest and will be justified in using deadly force under conditions set out in section 18-4011, Idaho Code.

History:

[(19-610) Cr. Prac. 1864, sec. 128, p. 229; R.S., R.C., & C.L., sec. 7547; C.S., sec. 8733; I.C.A., sec. 19-610; am. 1986, ch. 303, sec. 1, p. 754; am. 1987, ch. 117, sec. 1, p. 231.]