Ala. Pattern Jury Instr. (Criminal) 13A-3-27

Use of Force in Making an Arrest or Preventing an Escape

One of the issues in this case is the use of force in making an arrest or

preventing an escape.

A. A peace officer is justified in using that degree of physical force which

he/she reasonably believes to be necessary upon a person in order:

(1) To make an arrest for a misdemeanor, violation or violation of a criminal

ordinance, or to prevent the escape from custody of a person arrested for

a mis demeanor, violation or violation of a criminal ordinance, unless the

peace officer knows that the arrest is unauthorized; (OR)

(2) To defend [himself/herself/another] from what he/she reasonably

believes to be the use or imminent use of physical force whi le making or

attempting to make an arrest for a misdemeanor, violation or violation of a

criminal ordinance, or while preventing or attempting to prevent an escape

from custody of a person who has been legally arrested for a

misdemeanor, violation or violation of a criminal ordinance.

B. A peace officer is justified in using deadly physical force upon another

person when and to the extent that he/she reasonably believes it necessary in order:

(1) To make an arrest for a felony or to prevent the escape fro m custody of a

person arrested for a felony, unless the officer knows that the arrest is

unauthorized; (OR)

(2) To defend [himself/herself/another] from what he/she reasonably

believes to be the use or imminent use of deadly physical force.

A peace officer is not justified in using reckless or criminally negligent conduct

amounting to an offense against or with respect to persons being arrested or to innocent

persons whom he/she is not seeking to arrest or retain in custody.

A peace officer who is e ffecting an arrest pursuant to a warrant is justified in

using [physical force/deadly physical force] unless the warrant is invalid and is

known by the officer to be invalid.

C. A person who has been directed by a peace officer to assist him/her to

effect an arrest or to prevent an escape from custody is justified in using physical force

when and to the extent that he/she reasonably believes that force to be necessary to

carry out the peace officer's direction.

D. A person who has been directed by a peace officer to assist him/her to

effect an arrest or to prevent an escape from custody is justified in using deadly physical

force to effect an arrest or to prevent an escape only when:

(1) He/she reasonably believes that force to be necessary to defend

[himself/herself/another] from what he/she reasonably believes to be the

use of imminent use of deadly physical force; (OR)

(2) He/she is authorized by the peace officer to use deadly physical force and

does not know that the peace officer himself/herself is n ot authorized to

use deadly physical force under the circumstances.

E. A private person acting on his/her own account is justified in using

physical force upon another person when and to the extent that he/she reasonably

believes it necessary to effect an arrest or to prevent the escape from custody of an

arrested person whom he/she reasonably believes has committed a felony and who, in

fact, has committed that felony.

F. A private person acting on his/her own account is justified in using deadly

physical force upon another person when and to the extent that he/she reasonably

believes it necessary to effect an arrest or to prevent the escape from custody of an

arrested person whom he/she reasonably believes has committed a felony and who, in

fact, has comm itted that felony only when he/she reasonably believes it necessary to

defend [himself/herself/another] from what he/she reasonably believes to be the use

of imminent use of deadly physical force. (OR)

G. A guard or peace officer employed in a detention facility is justified:

(1) In using deadly physical force when and to the extent that he/she

reasonably believes it necessary to prevent what he/she reasonably

believes to be the escape of a prisoner accused or convicted of a felony

from any detention facility, or from armed escort or guard; (OR)

(2) In using physical force, but not deadly physical force, when and to the

extent that he/she reasonably believes it necessary to prevent what

he/she reasonably believes to be the escape of a prisoner from a

detention facility.

[Read if appropriate - Instructions for Escape]

[Read appropriate definitions]

A peace officer is any public servant vested by law with a duty to maintain public

order or to make arrests for crime, whether that duty extends to all crimes or is limited to

specific crimes. [13A-10-1(5)]

Force is physical action or threat against a nother, including confinement. [13A-3-

20(4)]

Deadly physical force is force which, under the circumstances in which it is used,

is readily capable of causing death or serious physical injury.[13A-3-20(2)]

A reasonable belief is a belief formed in reliance upon reasonable appearances.

It is a belief not formed recklessly or negligently. The test of reasonableness is not

whether the defendant was correct in his/her belief but whether t he belief was

reasonable under the circumstances existing at the time. (Commentary)

Detention facility means any place used for the confinement, pursuant to law, of

a person: (a) charged with or convicted of an offense; or (b) charged with being or

adjudicated a youthful offender, a neglected minor, or juvenile delinquent; or (c) held for

extradition; or (d) otherwise confined pursuant to an order of a criminal court. [13A -3-

27(h)(3)]