Page 20 - FOP_Magazine_ February2019

In the law of public opinion, police officers are the bad guys
How refreshing would it be if we had politicians who said what they meant and actually meant what they said? This should not be an unrea- sonable expectation; however, in reality,
Peace Officer’s Use of Force in Making Arrest
there is little accountability for the poli- tician who goes back on his or her word. Perhaps we have been misled so often that
we are all but immune to it. Words mean very little. Put it in writing! But even that fails sometimes.
FOP
Legal Report
1.
Apeaceofficer,oranypersonwhomhehassummoned or directed to assist him, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. He is justified in the use of any force which he reasonably believes to be necessary to effect the arrest and of any force which he reasonably believes to be necessary to defend himself or another from bodily harm while making the arrest. However, he is justified in using force likely to cause death or great bodily harm only when he reasonably be- lieves that such force is necessary to prevent death or great bodily harm to himself or such other person, or
when he reasonably believes both that:
Such force is necessary to prevent the arrest from being
defeated by resistance or escape; and
The person to be arrested has committed or attempted a forcible felony which involves the infliction or threat- ened infliction of great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that he will endanger human life or inflict great bodily- harm unless arrested without delay.
DANIEL HERBERT
Case in point: a law that was enacted almost 60 years ago by the Illinois legislature. The Peace Officer’s Use of Force in Mak- ing Arrest was ratified by the legislature in 1961, under then ILL. ANN. STAT. Ch. 38, para. 7-5, currently 720 ILCS 5/7-5, which holds that police are authorized to use force, including deadly force, in situations other than defense of life. The law held that police can shoot certain criminals attempting to de- feat an arrest, commonly referred to as the “fleeing felon” law. I purposely used the past tense in the previous sentence not because the law has been repealed, but because it is apparent- ly meaningless. Consider the following:
2. 3.
We can represent you for Personal Injury
Injured officers have unique losses and concerns, including lost overtime and off-duty assignments, fitness-for-duty and safety concerns, injury aggravation from ordinary work duties, permanent injury, and loss of seniority, retirement and other benefits. We can help you bring an individual claim for duty-related injuries just like if you are injured off the job.
The Herbert Law Firm Practice Areas
Employee Discrimination • Personal Injury • Disciplinary hearings • Criminal / DUI • Disability hearings • Civil Rights • Family Law & Divorce • Real Estate • Estate Planning
20 CHICAGO LODGE 7 ■ FEBRUARY 2019