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Use-of-Force Continuum: Colorado Statutory Definitions

Training

Citation

Colorado Revised Statutes, 18-1-707(4.5)

First enacted Jun. 19, 2020

Effective date Sep. 1, 2020

Summary and Notes

Peace officer must have objectively and subjectively reasonable belief that he or another person is in imminent danger of being killed or receiving serious bodily harm and objectively reasonable belief that lesser degree of force is inadequate.

Relevant Excerpt

(4.5) Notwithstanding any other provision in this section, a peace officer is justified in using deadly force if the peace officer has an objectively reasonable belief that a lesser degree of force is inadequate and the peace officer has objectively reasonable grounds to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving serious bodily injury.

Colorado Revised Statutes, 18-1-707(3)

First enacted and effective Jun. 19, 2020

Police officer can use deadly force when all other means are unreasonable and arrest is for a felony including use or threat of force, the suspect is an immediate threat to someone, and the force used doesn't pose a risk to others.

A peace officer is justified in using deadly physical force to make an arrest only when all other means of apprehension are unreasonable given the circumstances and:
(a) The arrest is for a felony involving conduct including [suspect’s conduct includes] the use or threatened use of deadly physical force; [AND]
(b) The suspect poses an immediate threat to the peace officer or another person; [AND]
(c) The force employed does not create a substantial risk of injury to other persons.

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