Purpose

Clarify when a peace officer in Minnesota may use deadly force. The bill tightens the standard so deadly force is justified only when an objectively reasonable officer believes, based on all known facts at the time, that it is necessary to protect the officer or another person from apparent death or great bodily harm, and only under specific conditions.

Main provisions

• The use of deadly force by a peace officer in the line of duty is justified only if an objectively reasonable officer would believe, based on the totality of circumstances known at the time and without hindsight, that such force is necessary to:
  • protect the peace officer or another from apparent death or great bodily harm; and
  • the threat can be described with enough specificity, is reasonably likely to occur if action isn’t taken, and must be addressed without unreasonable delay or to arrest/capture or prevent the escape of a person who has committed or attempted to commit a felony, and the officer reasonably believes the person will cause death or great bodily harm to someone unless immediately apprehended.
• The threat criteria that must be met include those three items (specific articulation, likelihood, and timely action) before deadly force may be used.
• A peace officer shall not use deadly force against a person based on the danger that person poses to themselves if a reasonable officer would believe, based on the total circumstances at the time, that the person does not pose a threat of death or great bodily harm to the officer or to others under the same criteria.

Notable changes to existing law

• Replaces or tightens the previous standard with a clearly defined “apparent death or great bodily harm” justification that requires:
  • an objectively reasonable officer test (not hindsight),
  • explicit, specific articulation of the threat,
  • a high likelihood the threat would occur without officer action,
  • and use of deadly force to address either an imminent threat or to prevent the escape/arrest of a felon.
• Adds a protection against using deadly force solely because a person may pose danger to themselves, unless the criteria for a threat to others are satisfied.

Practical implications

• Police training and decision-making will emphasize the specified criteria (totality of circumstances, specificity, imminence, and connection to preventing harm or completing an arrest).
• Officers may face greater scrutiny when determining whether deadly force is justified, especially in self-harm scenarios where no threat to others is present.
• The bill aims to reduce uses of deadly force that are not clearly tied to protecting others from death or serious harm and to require clearer justification.

Relevant Terms - use of deadly force - peace officer - line of duty - apparent death - great bodily harm - totality of the circumstances - objectively reasonable officer - articulated with specificity - reasonably likely to occur - without unreasonable delay - arrest or capture - prevent the escape - felony - commit or attempted to commit a felony - threaten criteria - danger to self - pose to officer or others