ADMJ 103 Lecture Notes - Lecture 5: Larceny, Homicide, Embezzlement
Document Summary
At common law, the officer could use all force necessary to prevent a felony or to effectuate the arrest of a fleeing felon. The officer could also use all necessary non-lethal force in the case of a misdemeanor. The supreme court has held that statutes allowing the police to use deadly force on any fleeing felon are unconstitutional. Deadly force may only be used if the officer believes the fleeing felon poses a serious risk to others, an approach adopted by the mpc. At common law, a citizen had the right to resist an unlawful arrest, which was an arrest that occurred when there was no probable cause or when the officer used excessive force to effectuate the arrest. Most jurisdictions have implemented no soc rules (no right to resist unlawful arrest), though some still allow for the resistance of an arrest where excessive force is used.
