When Force Is Used
Minn. Stat. 609.066 — deadly force only when an objectively reasonable officer would believe it necessary
In Minnesota, reasonable force may be used toward another person without consent by a public officer, or someone assisting one under the officer's direction, in effecting a lawful arrest, executing legal process, enforcing a court order, or carrying out another duty the law imposes.
Deadly force: what an objectively reasonable officer would believe. 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 the circumstances known to the officer at the time and without the benefit of hindsight, that it is necessary for one of the two purposes the section lists.
- To protect the officer or another from death or great bodily harm, where the threat can be articulated with specificity, is reasonably likely to occur absent action, and must be addressed through deadly force without unreasonable delay.
- To arrest, capture or prevent the escape of a person the officer has reasonable grounds to believe committed or attempted a felony, and reasonably believes will cause death or great bodily harm to another under the same threat criteria unless immediately apprehended.
Deadly force is force used with the purpose of causing, or that the actor should reasonably know creates a substantial risk of causing, death or great bodily harm. Intentionally firing a gun toward a person, or at a vehicle a person is believed to be in, is deadly force, unless the gun is loaded with less lethal munitions and used by a peace officer within the scope of official duties.
A peace officer may not use deadly force against a person based on the danger the person poses to self, where an objectively reasonable officer would believe the person poses no threat of death or great bodily harm to the officer or to another.
A choke hold only where deadly force is authorized. A peace officer may not use a choke hold, tie all of a person's limbs together behind the back, or transport a person face down in a vehicle, unless section 609.066 authorizes deadly force to protect the officer or another from death or great bodily harm. A choke hold includes pressure to the neck, throat or windpipe that may prevent or hinder breathing, and pressure on either side of the windpipe to stop the flow of blood to the brain.
The legislature's stated intent is that peace officers use deadly force only when necessary in defense of human life or to prevent great bodily harm, and exercise special care with people with known physical, mental health, developmental or intellectual disabilities, whose disability may affect their ability to understand or comply with commands.
The force sections may not be used as a defense in a civil action brought by an innocent third party. Whether any particular use of force was justified, whether a claim exists against an officer or an agency, and what immunities apply turn on facts and on case law these sections do not contain. A licensed Minnesota attorney is who answers them.
Sources for this section (2)
- Minn. Stat. 609.066 — Authorized use of force by peace officers
- Minn. Stat. 609.06 — Authorized use of force
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.