Law of Use of Force: Definitions, Statutory Framework, and Constitutional Standards, and Liability

Use of Force Objectives and Statutory Framework

• The primary objectives of this study of the Law of Use of Force include:

  • Definitively defining "Forcible Felony" according to $720\,ILCS\,5/2-8$.

  • Recognizing the specific circumstances that justify the use of force in the defense of a person ($720\,ILCS\,5/7-1$).

  • Recognizing circumstances justifying the use of force in the defense of a dwelling ($720\,ILCS\,5/7-2$) and other property ($720\,ILCS\,5/7-3$).

  • Identifying when the justified use of force is NOT available, particularly for an aggressor ($720\,ILCS\,5/7-4$).

  • Recognizing circumstances justifying a peace officer’s use of force in making an arrest or in self-defense ($720\,ILCS\,5/7-5$).

  • Identifying prohibited uses of force by peace officers ($720\,ILCS\,5/7-5.5$).

  • Recognizing circumstances for a private person’s use of force in making an arrest ($720\,ILCS\,5/7-6$) and the lack of authorization for a private person to resist arrest ($720\,ILCS\,5/7-7$).

  • Defining "Force Likely to Cause Death or Great Bodily Harm" ($720\,ILCS\,5/7-8$).

  • Recognizing justifications for using force to prevent escape ($720\,ILCS\,5/7-9$).

  • Understanding an officer's duty to render aid ($720\,ILCS\,5/7-15$) and the duty to intervene in the presence of unauthorized force ($720\,ILCS\,5/7-16$).

  • Considering extra-legal circumstances regarding discharging a firearm and demonstrating the ability to articulate specific facts justifying the amount of force used.

Human Factors and Psychology in Use of Force

• Rationality vs. Irrationality:

  • The first step in rational thinking is accepting that human beings are fundamentally irrational.

  • No individual is exempt from the irresistible effect of emotions on the mind; it is wired into the brain structure and the way emotions are processed.

  • Irrational thinking can lead to setting impossible standards for others that lack basis in reality or common sense.

• The "Human Factor":

  • Evaluation of performance must include the human element: decision-making processes, the stress of the situation, and the analysis of options.

  • Criticism of job performance must itself be "human" to be valid.

Homicide and Officer-Involved Data (Trends and Projections)

• Total Homicides vs. Officer Involved Homicides:

  • 2013: $14,319$ total / $1,089$ officer involved ($7.6\%$)

  • 2014: $14,249$ total / $1,050$ officer involved ($7.4\%$)

  • 2015: $15,884$ total / $1,102$ officer involved ($6.9\%$)

  • 2016: $17,415$ total / $1,070$ officer involved ($6.1\%$)

  • 2017: $17,284$ total / $1,091$ officer involved ($6.3\%$)

  • 2018: $16,374$ total / $1,145$ officer involved ($6.9\%$)

  • 2019: $16,669$ total / $1,096$ officer involved ($6.6\%$)

  • 2020: $21,570$ total / $1,127$ officer involved ($5.2\%$)

  • 2021: $22,941$ total / $1,156$ officer involved ($5.0\%$)

  • 2022: $21,156$ total / $1,251$ officer involved ($5.9\%$)

  • 2023: $19,677$ total / $1,329$ officer involved ($6.8\%$)

  • 2024: $16,924$ total / $1,365$ officer involved ($8.1\%$)

  • 2025 (Projected): $13,978$ total / $1,314$ officer involved ($9.4\%$)

Constitutional Law and Legal Consequences

• Fourth Amendment:

  • Protects the right of people to be secure in their persons, houses, papers, and effects against "unreasonable searches and seizures."

  • Specifies that no warrants shall issue but upon probable cause, supported by Oath or affirmation.

• Eighth and Fourteenth Amendments:

  • Eighth Amendment: Prohibits cruel and unusual punishment. Excessive force on a prisoner may violate this amendment.

  • Fourteenth Amendment: Provides Due Process protections. Excessive force can constitute a Due Process violation.

• Legal Consequences of Unlawful (Excessive or Prohibited) Force:

  • Criminal: State or Federal criminal prosecution.

  • Civil: Tort actions and lawsuits under $42\,U.S.C.\,\text{'A1}1983$ (Civil Rights violations, false imprisonment, battery).

  • Employment: Departmental job sanctions, termination, and decertification by the Illinois Law Enforcement Training Standards Board.

Reasonable Force and Policy Standards

• Defining Reasonable Force:

  • Reasonable force is the amount of force sufficient to achieve a legitimate law enforcement objective.

  • Objective standard: Must be judged from the perspective of a reasonable officer on the scene, not with 20/20 hindsight.

  • Graham v. Connor ($490\,U.S.\,386\,(1989)$): The calculus of reasonableness must allow for the fact that police are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving.

• Legitimate Law Enforcement Objectives:

  • To defend against the unlawful force used by another.

  • To control another so the officer can perform lawful duties.

• The Force Continuum:

  • Ranges from Show of Authority/Verbal Command to Deadly Force.

• Sample Departmental Policies:

  • DeKalb Police Department: Officers evaluate necessity based on seriousness of the crime, level of threat/resistance, and danger to community/officers.

  • Aurora Police Department: Entrusts officers with well-reasoned discretion as no policy can predict every possible encounter.

Qualified Immunity and Legal Defenses

• Qualified Immunity (Harlow v. Fitzgerald, $457\,U.S.\,800\,(1982)$):

  • State/local government employees performing discretionary functions are immune from damages for federal constitutional rights violations unless they violate clearly established federal law.

  • "Clearly established" (Dist. of Columbia v. Wesby, $138\,S.Ct.\,557\,(2018)$) means the law was sufficiently clear that every reasonable official would understand their conduct was unlawful.

  • This is a defense to money damages, separate from indemnification.

Illinois Specific Statutes: Force in Defense of Person, Dwelling, and Property

• Defense of Person ($720\,ILCS\,5/7-1$):

  • Justified force: To the extent reasonably believed necessary to defend against imminent use of unlawful force.

  • Deadly force: Only if reasonably believed necessary to prevent imminent death or great bodily harm to self/others, or to prevent a forcible felony.

• Defense of Dwelling ($720\,ILCS\,5/7-2$):

  • Force justified to prevent or terminate unlawful entry into or attack upon a dwelling.

  • Deadly force: Justified if entry is attempted in a violent, riotous, or tumultuous manner and believed necessary to prevent assault/violence, or to prevent a felony in the dwelling.

  • Case Law: People v. Morris ($162\,Ill.App.3d\,1046$) - Deadly force to protect dwelling is primarily for the protection of individuals within, not the physical structure itself.

• Defense of Other Property ($720\,ILCS\,5/7-3$):

  • Force justified to prevent/terminate trespass or interference with real/personal property lawfully possessed.

  • Deadly force: Only to prevent the commission of a forcible felony.

  • Landmark Case: Katko v. Briney ($183\,N.W.2d\,657\,(1971)$) - Iowa Supreme Court held that the law places a higher value on human safety than property; setting a spring gun (20-gauge shotgun rig) in an uninhabited farmhouse to stop burglars was unlawful.

Use of Force by Aggressor ($720\,ILCS\,5/7-4$)

• Justification is NOT available to a person who:

  • Is attempting to commit, committing, or escaping from a forcible felony.

  • Initially provokes the use of force with the intent to use it as an excuse to inflict bodily harm.

  • Otherwise initially provokes force, UNLESS they reasonably believe they are in imminent danger of death/GBH and have exhausted all escape means, OR they withdraw in good faith and clearly communicate the desire to terminate force.

Peace Officer’s Use of Force in Making Arrest ($720\,ILCS\,5/7-5$)

• General Authority:

  • Officers need not retreat or desist from making a lawful arrest due to resistance.

  • Authorized to use force reasonably believed necessary based on the totality of circumstances.

• Deadly Force Limitations:

  • Justified only when necessary to prevent death or great bodily harm to self or others.

  • OR when necessary to prevent the arrest from being defeated AND the person is likely to cause GBH to another AND they committed or attempted a forcible felony involving the infliction or threat of GBH, or are attempting escape with a deadly weapon.

• Statutory Admonishments:

  • Responsibility must be exercised judiciously with respect for human rights and the sanctity of life.

  • Evaluation must be from the perspective of a reasonable officer at the scene, not with hindsight ($720\,ILCS\,5/7-5(f)$).

  • Officers should identify themselves and warn that deadly force may be used where feasible.

  • Deadly force is prohibited for property offenses unless it involves terrorism.

  • "Retreat" doest not include tactical repositioning.

Prohibited Use of Force by Peace Officers ($720\,ILCS\,5/7-5.5$)

• Chokeholds and Restraints:

  • Prohibited: Chokeholds and restraints above the shoulders with risk of asphyxiation, UNLESS deadly force is justified.

  • Prohibited: Use of such contact to prevent the destruction of evidence by ingestion.

  • Definitions: "Chokehold" means applying direct pressure to the throat, windpipe, or airway. It does not include headlocks where pressure is only on the head.

• Other Prohibited Acts ($720\,ILCS\,5/7-5.5(e)$):

  • No force as punishment or retaliation.

  • No kinetic impact projectiles to the head, neck, groin, anterior pelvis, or back.

  • No electrical weapons (TASERS) to the head, chest, neck, groin, or anterior pelvis.

  • No indiscriminate discharge of firearms or projectiles into a crowd.

  • Chemical agents/pepper spray: Order to disperse must be issued with sufficient time/space for compliance, unless doing so risks death or GBH.

Definitions and Legal Standards

• Forcible Felony ($720\,ILCS\,5/2-8$):

  • Includes: Treason, 1st/2nd degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in GBH/disfigurement, and any felony involving the use or threat of physical force.

  • NOTE: For a Peace Officer using deadly force, the forcible felony must involve the infliction or threatened infliction of great bodily harm.

• Imminent Harm:

  • Not merely a fear of future harm. It is harm that, from appearances, must be instantly confronted and addressed. The subject must have the present ability, opportunity, and apparent intent to cause death or GBH ($720\,ILCS\,5/7-5(h)(2)$).

• Force definitions:

  • Force = $Mass \times Acceleration$.

  • Deadly Force: Force likely to cause death or GBH, including firing a firearm in the direction of a person or at a vehicle they are in ($720\,ILCS\,5/7-8$).

Duty to Intervene and Render Aid

• Duty to Intervene ($720\,ILCS\,5/7-16$):

  • Affirmative duty to stop another officer from using unauthorized or excessive force if the opportunity exists.

  • Must be done regardless of chain of command.

  • Reporting requirements: Must report the intervention within $5$ days, including date, time, place, participants, and whether actions were successful.

  • Whistleblower protection: Members of agencies shall not be disciplined or retaliated against for intervening or reporting unlawful force.

• Duty to Render Aid ($720\,ILCS\,5/7-15$):

  • Mandated as soon as reasonably practical.

  • Includes performing CPR, using an AED, or arranging medical transport.

  • Good Samaritan protection applies if acting in good faith per training.

Case Law Summaries

• Barnes v. Felix ($605\,U.S.\,73\,(2025)$): SCOTUS rejected the "moment-of-threat" rule. Reasonableness requires looking at the totality of circumstances without "chronological blinders." Earlier interactions matter in understanding the final moments of an encounter.

• Baird v. Renbarger ($576\,F.3d\,340\,(7th\,Cir.\,2009)$): Use of a submachine gun to detain people during a search for a non-violent property crime (altering a VIN) was an unreasonable use of force.

• Tennessee v. Garner ($471\,U.S.\,1\,(1985)$): Deadly force may not be used to prevent the escape of an unarmed, non-dangerous fleeing suspect. Fleeing a nighttime burglary does not automatically equate to being dangerous.

• People v. Augusta ($2019\,IL\,App\,(3d)\,170309$): Evidence suppressed because officers held the defendant by the throat to prevent swallowing contraband, violating the statutory prohibition against neck contact for evidence preservation.

• Estate of Hill v. Miracle ($853\,F.3d\,306\,(2017)$): Use of a taser in "drive stun" mode on a combative medical patient was objectively reasonable because he was near death and defeating life-saving efforts by paramedics.

• Brooks v. City of Aurora ($653\,F.3d\,478\,(7th\,Cir.\,2011)$): Pepper spray is reasonable against a physically resisting suspect but excessive if gratuitous or unprovoked.

• Scott v. Edinburg ($346\,F.3d\,752\,(7th\,Cir.\,2003)$): Recognizes an automobile as a deadly weapon. The right to use deadly force ends once the threat ceases (e.g., shooting a suspect in the back after the threat has passed).

Administrative and Collateral Provisions

• Decertification (Illinois Police Training Act, $50\,ILCS\,705/$):

  • Automatic decertification for felony convictions or specific misdemeanors (e.g., sexual offenses, domestic battery, theft).

  • Discretionary decertification for: excessive use of force, failure to intervene, tampering with body cameras, or unprofessional/unethical conduct.

• Records Retention ($50\,ILCS\,205/25$): Police misconduct records, including body-worn camera footage, must be permanently retained and cannot be destroyed.

• Indemnification ($65\,ILCS\,5/1-4-6$): Municipalities with population less than $500,000$ shall indemnify officers for judgments up to $1,000,000\,USD$, except in cases of willful misconduct.

• Law Enforcement Officers Safety Act ($18\,U.S.C.\,926B$): Officers carrying under this authority must carry ID, cannot be pending decertification, and cannot be under the influence.

Questions & Discussion

• Q: Under the laws governing the use of force, what does "reasonable" mean?

• A: It is an objective term meaning what a hypothetical reasonable person could conclude under the totality of the circumstances including everything the person knows and reasonably should know.

• Q: What does "imminent harm" mean in this context?

• A: Not merely a fear of future harm, but one that must be instantly confronted and addressed based on appearances.

• Q: Is a peace officer required to retreat when a subject is resisting arrest?

• A: No, an officer has no duty to retreat or desist, but may consider tactical repositioning or de-escalation.

• Q: Is auto theft a statutory forcible felony in Illinois?

• A: No.

• Q: Does the definition of "deadly force" include firing a firearm at a vehicle in which the person to be arrested is riding?

• A: Yes.

• Q: Is pointing a firearm at someone always considered excessive force?

• A: False. It is not in itself use of excessive force, though displaying it in a threatening manner may be viewed as a use of force.