Use-of-Force Continuum: North Carolina Statutory Definitions
Training
Citation
Summary and Notes
General statute defines instances where the use of force in effecting an arrest is justifiable.
Relevant Excerpt
(d) Use of Force in Arrest - (1) Subject to the provisions of subdivision (2), a law-enforcement officer is justified in using force upon another person when and to the extent that he reasonably believes it necessary: (a) to prevent the escape from custody or to effect an arrest of a person who he reasonably believes has committed a criminal offense, unless he knows that the arrest is unauthorized; or (b) to defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape.
General statute defines instances where the use of deadly force in effecting an arrest is justifiable. The official commentary notes that "[deadly] force is permitted only in the defense situation or when necessary to prevent the risk of death or serious physical injury to others[.]"
(d) Use of Force in Arrest - (2) A law-enforcement officer is justified in using deadly physical force upon another person for a purpose specified in subdivision (1) of this subsection only when it is or appears to be reasonably necessary thereby: (a) to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; (b) to effect an arrest or to prevent the escape from custody of a person who he reasonably believes is attempting to escape by means of a deadly weapon, or who by his conduct or any other means indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay; or (c) to prevent the escape of a person from custody imposed upon him as a result of conviction for a felony. Nothing in this subdivision constitutes justification for willful, malicious or criminally negligent conduct by any person which injures or endangers any person or property, nor shall it be construed to excuse or justify the use of unreasonable or excessive force.
Official commentary to the statute provides when an officer is justified in using deadly force.
A police officer "is permitted [to use deadly force] only in the defense situation or when necessary to prevent the risk of death or serious physical injury to others, made manifest by the use of a deadly weapon or other conduct or means..."