161.233 Use of physical force by peace officer
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/or/ors-chapter-161/general-provisions/justification/161-233·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
161.233 Use of physical force by peace officer.
(1)A peace officer may use physical force upon another person only when it is objectively reasonable, under the totality of circumstances known to the peace officer, to believe:
(a)That the person poses an imminent threat of physical injury to the peace officer or to a third person; or
(b)That the use of physical force is necessary to:
(A)Make a lawful arrest when the peace officer has probable cause to believe the person has committed a crime; or
(B)Prevent the escape from custody of the person when the peace officer has probable cause to believe the person has committed a crime.
(2)A peace officer may use physical force upon another person under this section only to the degree that the peace officer reasonably believes necessary to prevent physical injury under subsection (1)(a) of this section or to carry out a purpose described in subsection (1)(b) of this section.
(3)Prior to using physical force upon another person, if the peace officer has a reasonable opportunity to do so, the peace officer shall:
(a)Consider alternatives such as verbal de-escalation, waiting or using other available resources and techniques if reasonable, safe and feasible; and
(b)Give a verbal warning to the person that physical force may be used and provide the person with a reasonable opportunity to comply. [2020 s.s.2 c.3 §7]