175.44 Law enforcement use of force.

393 words·~2 min read·/wi/chapter-175/175-44-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Law enforcement agency” has the meaning given in s. 165.83

(b).

(b)“Law enforcement officer” has the meaning given in s. 165.85

(c)and includes a tactical emergency medical services professional, as defined in s. 165.85

(fh), certified under s. 165.85

(3).

(2)Use of force.

(a)The sanctity of human life. In serving the community, law enforcement officers shall make every effort to preserve and protect human life and the safety of all persons. Law enforcement officers shall also respect and uphold the dignity of all persons at all times in a nondiscriminatory manner.

(b)Use of force. When using force, a law enforcement officer is required to act in good faith to achieve a legitimate law enforcement objective. A law enforcement officer is authorized to use force that is objectively reasonable based on the totality of the circumstances, including:

1. The severity of the alleged crime at issue.

2. Whether the suspect poses an imminent threat to the safety of law enforcement officers or others.

3. Whether the suspect is actively resisting or attempting to evade arrest by flight.

(c)Deadly force. A law enforcement officer may use deadly force only as a last resort when the law enforcement officer reasonably believes that all other options have been exhausted or would be ineffective. A law enforcement officer may use deadly force only to stop behavior that has caused or imminently threatens to cause death or great bodily harm to the law enforcement officer or another person. If both practicable and feasible, a law enforcement officer shall give a verbal warning before using deadly force.

(3)Duty to report noncompliant use of force.

(a)A law enforcement officer who, in the course of his or her law enforcement duties, witnesses another law enforcement officer use force that does not comply with the standards under sub.

(b)or

(c)in the course of that law enforcement officer’s official duties shall report the noncompliant use of force as soon as is practicable after the occurrence of the use of such force.

(b)A person who intentionally fails to report a noncompliant use of force as required under par.

(a)may be fined not more than $1,000 or imprisoned not more than 6 months or both.