Study Document
Legal Memorandum Memo To: Judge Research Paper
Pages:5 (1508 words)
Subject:Law
Topic:Legal Memorandum
Document Type:Research Paper
Document:#46684410
(b) A peace officer is justified in using deadly physical force upon another person when and to the extent that he reasonably believes it necessary in order:
(1) To make an arrest for a felony or to prevent the escape from custody of a person arrested for a felony, unless the officer knows that the arrest is unauthorized; or (2) To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.
This issue as to whether a police officer is entitled to a special defense regarding law enforcement officers is questionable. Since the Defendant was leaving his home to going to work and was late, it could be said that he was still off-duty. The defense section of the code states that a police officer is only entitled to use physical force in conjunction with carrying out his duties as a law officer. In this case, acting as a private person, he has the right to defend himself against the imminent use of deadly force but being an officer off duty does not afford him extra…
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