When Police Use Force
IC 35-41-3-3 — reasonable force to arrest; deadly force, a chokehold included, only on probable cause and a warning
A law enforcement officer is justified in using reasonable force the officer reasonably believes necessary to enforce a criminal law or make a lawful arrest. A chokehold, pressure on the throat or neck meant to obstruct the airway, counts as deadly force.
Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.
- An officer is justified in using deadly force only with probable cause that it is necessary to prevent a forcible felony, or to arrest someone the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person.
- And only after giving a warning, where a warning is feasible.
- The same limits apply to deadly force to stop an arrested person escaping from custody.
A person who is not an officer is justified in using reasonable force to arrest someone, or stop that person's escape, only where a felony has been committed and there is probable cause to believe that person committed it, and may use deadly force only where the self defense law would allow it.
An officer making an arrest under a warrant that turns out to be invalid is justified as if it were valid, unless the officer knows it is invalid. An officer charged with a crime has the same right to claim self defense as anyone else.
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 (3)
- IC 35-41-3-3 — Use of force relating to arrest or escape
- 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 Indiana attorney.