Section 4.1: MN Use of Force Statutes (609.06 & 609.066)

Section 4.1: Minnesota Use of Force Statutes (609.06 & 609.066)

Overview of the Statutory Framework

For peace officers in Minnesota, understanding the statutory limits governing the use of force is a fundamental professional responsibility and a core component of the Minnesota POST exam. Use of force is governed primarily by two statutes: Minnesota Statutes § 609.06 (Authorized Use of Force) and Minnesota Statutes § 609.066 (Authorized Use of Deadly Force). These statutes define the legal boundaries under which state officers may use physical force or deadly force in the execution of their duties. Following legislative reforms enacted in 2020 and 2021, Minnesota significantly restricted the legal justifications for force, establishing some of the nation's strictest statutory standards. It is critical to recognize that while federal constitutional standards (such as the Fourth Amendment) establish the baseline, Minnesota state law adds additional restrictive layers that officers must strictly follow.

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MN Stat. § 609.06: Authorized Use of Force (Non-Deadly)

Minnesota Statute § 609.06, Subdivision 1, outlines the specific, narrow circumstances under which a peace officer (or a person assisting a peace officer) is authorized to use reasonable, non-deadly force. Non-deadly force is force that does not create a substantial risk of death or great bodily harm.

Under the statute, a peace officer may use reasonable force upon another person without their consent in the following situations:

1. Effecting a Lawful Arrest: When taking a suspect into custody under a warrant or based on probable cause.
2. Preventing Escape: To prevent the escape of a person who is in lawful custody.
3. Executing Legal Process: When executing a search warrant, arrest warrant, or other court-ordered processes.
4. Enforcing Court Orders: When enforcing a specific mandate or order issued by a judge.
5. Executing a Legal Duty: While performing any other duty imposed on the officer by law (e.g., taking an intoxicated person into protective custody or assisting a person in mental health crisis under a transport hold).
6. Preventing Injury or Crime: To prevent the commission of a crime or to prevent a person from injuring themselves or others.

The "Reasonable Force" Standard

The statute emphasizes that the force used must be "reasonable." The force must be proportional to the threat faced, the resistance offered, and the gravity of the offense. If a suspect complies with verbal commands, physical force is unreasonable.

Prohibited Restraints under § 609.06, Subdivision 3

Minnesota law explicitly bans certain physical restraints. A peace officer may not use any of the following restraints unless deadly force is justified:

• Chokeholds: Applying direct pressure to the trachea or airway.

• Neck Restraints: Applying pressure to the carotid arteries (lateral vascular neck restraint), which cuts off blood flow to the brain.

• Face-Down Vehicle Transport: Securing a person in any way that results in transporting the person face down in a vehicle.

• Hog-Tying: Tying a person's hands and feet together behind their back.

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MN Stat. § 609.066: Authorized Use of Deadly Force

Under Minnesota Statute § 609.066, Subdivision 1, deadly force is defined as force that the actor uses with the purpose of causing, or which the actor should reasonably know creates a substantial risk of causing, death or great bodily harm. The statute explicitly states that the intentional discharge of a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force, regardless of whether injury or death occurs.

"Great Bodily Harm" Defined

To justify deadly force, officers must understand the legal definition of "great bodily harm" (§ 609.02, Subd. 8). It means:

• Bodily injury which creates a high probability of death; OR
• Injury which causes serious permanent disfigurement; OR
• Injury which causes a permanent or protracted loss or impairment of the function of any bodily member or organ; OR
• Other serious bodily harm.

Justifications for Deadly Force

Following the 2020/2021 legislative reforms, the standard for when a peace officer is justified in using deadly force was significantly tightened. Under § 609.066, Subdivision 2, the use of deadly force is justified only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary:

1. To protect the peace officer or another from death or great bodily harm; OR
2. To effect the arrest/capture, or prevent the escape, of a person whom the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony, AND the officer reasonably believes that the person will cause death or great bodily harm if not apprehended without delay.

Crucial Statutory Prerequisites for Deadly Force

The statute imposes four mandatory requirements that must all be satisfied for deadly force to be justified:

• Imminent Threat: The threat of death or great bodily harm must be imminent. A threat is imminent if it is pressing, urgent, and about to happen immediately.
• Suspect's Actions: The threat must be established by the suspect's own actions, words, or deeds.
• Objective Reasonableness: The officer's use of deadly force must be objectively reasonable in light of the totality of the circumstances known to the officer at the time.
• No Reasonable Alternatives: The officer must not have had reasonable alternative options available to address the threat.

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Recent Legislative Reforms: Duties to Intercede and Render Aid

In addition to rewriting the deadly force standard, the Minnesota legislature codified two critical duties for peace officers:

1. Duty to Intercede (MN Stat. § 626.8475)

Every peace officer has a mandatory duty to intervene when they witness another officer using force that exceeds the degree of force permitted by law.

• Action Required: The officer must intercede physically or verbally to prevent the use of unreasonable force, provided they can do so safely.
• Reporting: The intervening officer must immediately report the incident to their supervisor.
• Failure to Intercede: Failing to intervene when safe to do so can result in criminal liability, civil rights lawsuits, and the revocation of the officer's POST license.

2. Duty to Render Aid (MN Stat. § 626.8475)

Minnesota law imposes an active duty on peace officers to render medical aid following any use of force.

• Action Required: A peace officer must render first aid or request emergency medical assistance as soon as practicable.
• Trigger: This duty arises when a person is injured or reports being injured as a result of the use of force.
• Context: Securing the scene is a priority, but as soon as the immediate threat is contained, medical aid must be initiated or requested.