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2020.08.10 Public Safety Commission Packet
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2020.08.10 Public Safety Commission Packet
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MINNESOTA STATUTES 2019 609.06 <br />609.06 AUTHORIZED USE OF FORCE. <br />Subdivision 1. When authorized. Except as otherwise provided in subdivision 2, reasonable force may <br />be used upon or toward the person of another without the other's consent when the following circumstances <br />exist or the actor reasonably believes them to exist: <br />(1) when used by a public officer or one assisting a public officer under the public officer's direction: <br />(a) in effecting a lawful arrest; or <br />(b) in the execution of legal process; or <br />(c) in enforcing an order of the court; or <br />(d) in executing any other duty imposed upon the public officer by law; or <br />(2) when used by a person not a public officer in arresting another in the cases and in the manner provided <br />by law and delivering the other to an officer competent to receive the other into custody; or <br />(3) when used by any person in resisting or aiding another to resist an offense against the person; or <br />(4) when used by any person in lawful possession of real or personal property, or by another assisting <br />the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property; <br />or <br />(5) when used by any person to prevent the escape, or to retake following the escape, of a person lawfully <br />held on a charge or conviction of a crime; or <br />(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or pupil, in the exercise <br />of lawful authority, to restrain or correct such child or pupil; or <br />(7) when used by a school employee or school bus driver, in the exercise of lawful authority, to restrain <br />a child or pupil, or to prevent bodily harm or death to another; or <br />(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful requirement <br />for the conduct of passengers and reasonable care is exercised with regard to the passenger's personal safety; <br />or <br />(9) when used to restrain a person with a mental illness or a person with a developmental disability from <br />self -injury or injury to another or when used by one with authority to do so to compel compliance with <br />reasonable requirements for the person's control, conduct, or treatment; or <br />(10) when used by a public or private institution providing custody or treatment against one lawfully <br />committed to it to compel compliance with reasonable requirements for the control, conduct, or treatment <br />of the committed person. <br />Subd. 2. Deadly force used against peace officers. Deadly force may not be used against peace officers <br />who have announced their presence and are performing official duties at a location where a person is <br />committing a crime or an act that would be a crime if committed by an adult. <br />History: 1963 c 753 art I s 609.06; 1986 c 444; 1993 c 326 art I s 4; 1996 c 408 art 3 s 12; 2002 c <br />221s46; 2013 c 59 art 3 s 16; 2013c62s28 <br />Copyright 0 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />
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