SECTION 340:25-3-5. Use of force

  Peace officers have the right to use reasonable, necessary force to defend themselves and others against life-threatening, violent, and dangerous personal attack. Force may only be used by peace officers within applicable laws and the limits given in (1) - (4) of this subsection.

(1)   The degree of force used must be the minimum necessary to defend oneself or others as described in (2) of this subsection and may include physical apprehension and restraining techniques which result in an application of less than deadly force.

(2)   Deadly force is that which is applied with the intent of causing, or which a reasonable person should know would cause, death or serious bodily harm. Deadly force is only used in:

(A)   self defense to prevent death or serious injury to oneself; or

(B)   defense of others to prevent death or commission of a violent offense threatening serious bodily harm to others.

(3)   Firearms may not be used to attempt to stop or disable a vehicle. However, if a vehicle is being used as a weapon, firearms may be used toward the driver of the vehicle, but not after the vehicle is no longer in a position to threaten the peace officer.

[Source: Added at 9 Ok Reg 1413, eff 3-23-92 (emergency); Added at 10 Ok Reg 1809, eff 5-13-93; Amended at 17 Ok Reg 2426, eff 7-1-00; Amended at 26 Ok Reg 1245, eff 7-1-09]