Use-of-Force Continuum: Missouri Statutory Definitions
Training
Citation
Summary and Notes
General statute defines instances where the use of force is justifiable for law enforcement officers
Relevant Excerpt
Defense of Justification applies to all persons in the State of Missouri. Subsection 563.046 provides officers with additional rights beyond that of ordinary citizens. Officers have no duty to retreat or desist from making an arrest or preventing esape from custody. Officer can use force reasonably and immediately necessary to effect arrest or prevent escape. Officer can only use deadly force against fleeing person when officer has reasonable belief that person (1) has committed or attempted to commit a dangerous/violent felony or (2) is attempting to escape by use of a deadly weapon.
First enacted and effective Aug. 1, 1939
Rights of Officers in making arrests. (1976) This section and § 559.040 held unconstitutional as a violation of due process as guaranteed by the fifth and fourteenth amendments to the Constitution of the United States. Caveat, this is a four to three decision and may be considered by the supreme court. Mattis v. Schnarr (C.A. Mo.), 547 F.2d 1007.
If, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest.