Code of Alabama

Ala. Code § 13A-3-27 (2026)

Use of Force in Making an Arrest or Preventing an Escape.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) A law enforcement officer shall be justified in making any use of physical force against a person if the use of force is conduct performed within the law enforcement officer’s discretionary authority and does not constitute excessive force as provided in subsection (b).

(b) No law enforcement officer shall be justified, as provided in this section, for any use of physical force against a person if the use of force violates that person’s rights, under the Constitution of Alabama of 2022 or the Constitution of the United States, to be free from excessive force.

(c) Except as provided in subsection (d), a person who has been directed by a law enforcement officer to assist him or her to effect an arrest or to prevent an escape from custody is justified in using physical force when and to the extent that he or she reasonably believes that force to be necessary to carry out the law enforcement officer’s direction.

(d) A person who has been directed to assist a law enforcement officer under circumstances specified in subsection (c) may use deadly physical force to effect an arrest or to prevent an escape only when:

(1) He or she reasonably believes that force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of deadly physical force; or

(2) He or she is authorized by the law enforcement officer to use deadly physical force and does not know that the law enforcement officer is not authorized to use deadly physical force under the circumstances.

(e)(1) A private person acting on his or her own account is justified in using physical force upon another person when and to the extent that he or she reasonably believes it necessary to effect an arrest or to prevent the escape from custody of an arrested person whom he or she reasonably believes has committed a felony and who in fact has committed that felony.

(2) A private person is justified in using deadly physical force for the purpose only when he or she reasonably believes it necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of deadly physical force.

(f)(1) A person who uses force, including deadly physical force, as justified and permitted in this section, is immune from criminal prosecution for the use of such force, unless the force is determined to be unlawful under this section.

(2) A defendant shall be entitled to assert justification and immunity under this section before a trial by filing a written motion. Except for good cause shown, the defendant shall file any motion made pursuant to this subdivision at the same time as any motion the defendant makes pursuant to Section 13A-3-23(d)(2).

(3) Prior to the commencement of a trial, and within 45 days after the defendant’s motion is filed, the court having jurisdiction over the case shall conduct a pretrial hearing to determine whether force, including deadly force, used by the defendant was justified or was unlawful under this section. To the extent practicable, the court shall set the hearing on the same calendar day as any pretrial hearing conducted pursuant to Section 13A-3-23(d)(2). During any pretrial hearing to determine immunity, the defendant must show by a preponderance of the evidence that he or she is immune from criminal prosecution.

(4) Prior to the commencement of a trial, and within 45 days after a pretrial hearing conducted under subdivision (3), the court shall enter a written order setting forth reasons why the defendant either possesses or lacks immunity from criminal prosecution under this section. To the extent practicable, the court shall issue the written order at the same time as any order issued pursuant to Section 13A-3-23(d)(3). If the court concludes that the defendant has proven by a preponderance of the evidence that the force he or she used, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution under this section and dismiss the criminal charges.

(5) If the defendant does not meet his or her burden of proving immunity at the pretrial hearing, he or she may continue to pursue justification and immunity under this section as a defense at trial. Once the issue of justification and immunity under this section has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.

(g)(1) A court order improperly denying immunity under this section, entered after the pretrial hearing provided under subsection (f), shall entitle the defendant to mandamus relief from the Alabama Supreme Court. Any petition for a writ of mandamus pursuant to this subsection shall be filed pursuant to the Alabama Rules of Appellate Procedure.

(2) The filing of a petition for a writ of mandamus pursuant to subdivision (1) shall automatically stay further proceedings in the trial court. The stay shall remain in effect while the mandamus petition remains pending.

(h) A law enforcement agency may use standard procedures for investigating the use of force described in subsection (a), but the agency may not arrest the person for using force unless the agency determines that there is probable cause that the force used was unlawful under this section.

(i) No justification or immunity set forth in this section shall affect the legal standards applicable to a motion made in a criminal proceeding regarding the suppression for use as evidence of anything obtained through an allegedly unlawful search or seizure.

(Acts 1977, No. 607, p. 812, §630; Acts 1979, No. 79-599, p. 1060, §1; Act 2025-423, §3.)

Notes of Decisions

Cited in 18 cases (4 in the last 5 years), 1981–2026 · leading case: Tennessee v. Garner, 471 U.S. 1 (1985).

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Tennessee v. Garner, 471 U.S. 1 (1985). · cites it 4× “[14] Ala. Code § 13A-3-27 (1982); Ark. Stat. Ann.”

Spencer v. State, 58 So. 3d 215 (Ala. Crim. App. 2009). · cites it 3× “A peace officer is justified in using that degree of physical force which he reasonably believes to be necessary, upon a person in order to: One, make an arrest for a misdemeanor, violation or violation of a criminal ordinance, or to prevent the escape from custody of a person…”

Walker v. City of Huntsville, 62 So. 3d 474 (Ala. 2010). · cites it 2× “Code 1975 ("A peace officer is justified in using that degree of physical force which he reasonably believes to be necessary, upon a person in order: (1) To make an arrest for a misdemeanor, violation or violation of a criminal ordinance ... unless the peace officer knows that…”

Franklin v. City of Huntsville, 670 So. 2d 848 (Ala. 1995). · cites it 2× “Code 1975, § 15-10-3(a)(1), provides in pertinent part that an officer may arrest a person, without a warrant, for "[a]ny public offense committed or breach of the peace threatened in his presence." In making the arrest, a police officer may use reasonable force and may be held…”

Ayler v. Hopper, 532 F. Supp. 198 (M.D. Ala. 1981). · cites it 7× “To the extent that Ala.Code § 13A-3-27 (Supp.1980) purports to authorize the use of deadly force in situations where the use of such force is not necessary to prevent imminent, or at least a substantial likelihood of, death or bodily harm — as the statute certainly appears to do…”

Thompson v. City of Clio, 765 F. Supp. 1066 (M.D. Ala. 1991). · cites it 4× “See 1975 Code of Alabama § 13A-3-27. iii. False Arrest Thompson has also succeeded in raising a genuine issue of fact as to his claims against Cox, Hinson, and Johnson for false arrest, arising out of his removal from the council room at the May meeting.”

Mann v. Darden, 630 F. Supp. 2d 1305 (M.D. Ala. 2009). · cites it 2× “This makes clear that, much like making an arrest without arguable probable cause, using an unreasonable amount of force is not within the discretion of an officer.”

Exford v. City of Montgomery, 887 F. Supp. 2d 1210 (M.D. Ala. 2012). · cites it 2× “The defendants moved for summary judgment on both claims, arguing that the Alabama Code allows officers to use force during arrests, see Ala.Code § 13A-3-27(a)(l), and that the officers never invaded Exford’s privacy.”

Smitherman v. McCafferty, 622 So. 2d 322 (Ala. 1993). · cites it 2× “The Criminal Code may not encourage citizen's arrests, Commentary to Ala.Code 1975, § 13A-3-27, but the fact that a person who resists a lawful citizen's arrest has not committed a crime does not mean that he has not violated a duty imposed upon him by law to submit peaceably to…”

Rogers v. City of Selma, 178 F. Supp. 3d 1222 (S.D. Ala. 2016). · cites it 2× “2d at 852 (citing Ala. Code § 13A-3-27(a) (“A peace officer is justified in using that degree of physical force which he reasonably believe to be necessary, upon a person in order: (1) To make an arrest for a misdemeanor, violation or violation of a criminal ordinance .”

Scott v. Palmer, 210 F. Supp. 3d 1303 (N.D. Ala. 2016). · cites it 2× “2d at 852 (citing Ala. Code 1975 § 13A-3-27 and Livingston v.”

Hawkins v. City of Greenville, 101 F. Supp. 2d 1356 (M.D. Ala. 2000). · cites it 2× “Burrage and Bottoms also state that Alabama Code § 13A-3-27 provides them with immunity for force used during the course of an arrest.”

Show all 18 citing cases →

— Ala. Code § 13A-3-27(a) — 3 cases

Walker v. City of Huntsville, 62 So. 3d 474 (Ala. 2010). “Code 1975 ("A peace officer is justified in using that degree of physical force which he reasonably believes to be necessary, upon a person in order: (1) To make an arrest for a misdemeanor, violation or violation of a criminal ordinance ... unless the peace officer knows that…”

Rogers v. City of Selma, 178 F. Supp. 3d 1222 (S.D. Ala. 2016). “2d at 852 (citing Ala. Code § 13A-3-27(a) (“A peace officer is justified in using that degree of physical force which he reasonably believe to be necessary, upon a person in order: (1) To make an arrest for a misdemeanor, violation or violation of a criminal ordinance .”

White (S.D. Ala. 2026).

— Ala. Code § 13A-3-27(a)(l) — 2 cases

Exford v. City of Montgomery, 887 F. Supp. 2d 1210 (M.D. Ala. 2012). “The defendants moved for summary judgment on both claims, arguing that the Alabama Code allows officers to use force during arrests, see Ala.Code § 13A-3-27(a)(l), and that the officers never invaded Exford’s privacy.”

Spencer v. State, 58 So. 3d 215 (Ala. Crim. App. 2009). “A peace officer is justified in using that degree of physical force which he reasonably believes to be necessary, upon a person in order to: One, make an arrest for a misdemeanor, violation or violation of a criminal ordinance, or to prevent the escape from custody of a person…”

— Ala. Code § 13A-3-27(b) — 1 case

Moncrief v. City of Montgomery (CONSENT) (M.D. Ala. 2024).

— Ala. Code § 13A-3-27(b)(2) — 1 case

William Darby v. State of Alabama (Ala. Crim. App. 2023).

— Ala. Code § 13A-3-27(b)(l) — 1 case

Darryl Pruitt v. The City of Montgomery, Alabama, 771 F.2d 1475 (11th Cir. 1985).

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