When Police Use Force
720 ILCS 5/7-5 — force reasonably believed necessary, deadly force only to defend life, and no chokeholds
An officer making a lawful arrest need not retreat because of resistance, and is justified in using any force they reasonably believe, based on the totality of the circumstances, is necessary to make the arrest or to defend themselves or another from bodily harm.
Who handles this in Illinois: Illinois State Bar Association, Illinois Lawyer Finder; and legal aid programs and the state offices, listed in the Illinois directory.
- Force likely to cause death or great bodily harm is justified only to prevent death or great bodily harm, or to stop an arrest from being defeated where the person committed a forcible felony involving great bodily harm or will otherwise endanger life unless arrested without delay.
- It is not justified once there is no longer an imminent threat of great bodily harm to the officer or another.
- Where feasible, the officer first makes reasonable efforts to identify themselves as an officer and to warn that deadly force may be used.
- Deadly force may not be used against someone suspected only of a property offense, unless it is terrorism or deadly force is otherwise authorized by law.
| An officer shall not | Unless |
|---|---|
| An officer shall notUse a chokehold or a restraint above the shoulders with risk of asphyxiation | UnlessDeadly force is justified |
| An officer shall notUse any contact with the throat or neck to stop someone swallowing evidence | UnlessNever |
| An officer shall notUse force as punishment or retaliation | UnlessNever |
| An officer shall notFire less lethal projectiles at the head, neck, groin, pelvis or back, or a taser at the head, chest, neck, groin or pelvis | UnlessNever |
| An officer shall notUse pepper spray or tear gas on a crowd before an order to disperse that can be heard, with time and space to comply | UnlessThat time and space would put someone at risk of death or great bodily harm |
The state's own sections are not the only measure of police force. Under the Fourth Amendment, the Supreme Court of the United States has held that force used in an arrest, a stop or any other seizure is judged by objective reasonableness, from the perspective of a reasonable officer on the scene rather than with hindsight, and that deadly force may not be used to stop a fleeing suspect unless the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (4)
- 720 ILCS 5/7-5 — Peace officer's use of force in making arrest
- 720 ILCS 5/7-5.5 — Prohibited use of force by a peace officer
- Graham v. Connor, 490 U.S. 386 (1989) — Force during a seizure is judged by objective reasonableness from the officer's perspective at the time
- Tennessee v. Garner, 471 U.S. 1 (1985) — Deadly force against a fleeing suspect is unreasonable absent probable cause of a significant threat of death or serious injury
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.