Alaska Statutes
Alaska Stat. § 11.81.370 (2026)
Justification: Use of force by a peace officer in making an arrest or terminating an escape
✓ current as of July 2026
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Sec. 11.81.370. Justification: Use of force by a peace officer in making an arrest or terminating an escape.
(a) In addition to using force justified under other sections of this chapter, a peace officer may use nondeadly force and may threaten to use deadly force when and to the extent the officer reasonably believes it necessary to make an arrest, to terminate an escape or attempted escape from custody, or to make a lawful stop. The officer may use deadly force only when and to the extent the officer reasonably believes the use of deadly force is necessary to make the arrest or terminate the escape or attempted escape from custody of a person the officer reasonably believes
(1) has committed or attempted to commit a felony which involved the use of force against a person;
(2) has escaped or is attempting to escape from custody while in possession of a firearm on or about the person; or
(3) may otherwise endanger life or inflict serious physical injury unless arrested without delay.
(b) The use of force in making an arrest or stop is not justified under this section unless the peace officer reasonably believes the arrest or stop is lawful.
(c) Nothing in this section prohibits or restricts a peace officer in preparing to use or threatening to use a dangerous instrument.
(a) In addition to using force justified under other sections of this chapter, a peace officer may use nondeadly force and may threaten to use deadly force when and to the extent the officer reasonably believes it necessary to make an arrest, to terminate an escape or attempted escape from custody, or to make a lawful stop. The officer may use deadly force only when and to the extent the officer reasonably believes the use of deadly force is necessary to make the arrest or terminate the escape or attempted escape from custody of a person the officer reasonably believes
(1) has committed or attempted to commit a felony which involved the use of force against a person;
(2) has escaped or is attempting to escape from custody while in possession of a firearm on or about the person; or
(3) may otherwise endanger life or inflict serious physical injury unless arrested without delay.
(b) The use of force in making an arrest or stop is not justified under this section unless the peace officer reasonably believes the arrest or stop is lawful.
(c) Nothing in this section prohibits or restricts a peace officer in preparing to use or threatening to use a dangerous instrument.
Notes of Decisions
Cited in 28
cases (8 in the last 5 years), 1980–2026 · leading case: State v. Sundberg, 611 P.2d 44 (Alaska 1980).
State v. Sundberg, 611 P.2d 44 (Alaska 1980). “AS 11.81.370 of the new code provides in part that a peace officer in making an arrest, or terminating an escape, may (a) [U]se deadly force only when and to the extent he reasonably believes the use of deadly force is necessary to make the arrest or terminate the escape or…”
Tennessee v. Garner, 471 U.S. 1 (1985). “11, § 467 (1979) (felony involving physical force and a substantial risk that the suspect will cause death or serious bodily injury or will never be recaptured); Ga. Code § 16-3-21(a) (1984); Ill.”
Marquinn Jones-Nelson v. State of Alaska, 512 P.3d 665 (Alaska 2022). “See Dissent at 42-45 (first citing AS 11.81.370; and then citing AS 11.81.430(a)(1)).”
Carson v. State, 736 P.2d 356 (Alaska Ct. App. 1987). “rce: Justification: Use of force in resisting or interfering with arrest, (a) A person may not use force to resist personal arrest or interfere with the arrest of another by a peace officer who is known by the person, or reasonably appears, to be a peace officer, whether the…”
Olson v. City of Hooper Bay, 251 P.3d 1024 (Alaska 2011). “" 33 Shkeidon rejected the idea that AS 11.81.370 and AS 12.25.070 provide sufficient notice to an officer of the legality or illegality of the officer's actions.”
Maness v. Daily, 184 P.3d 1 (Alaska 2008). “AS 11.81.370(a). 16 . AS 09.65.210(1) provides: A person who suffers personal injury or death .”
Russell Ex Rel. Jn v. Virg-In, 258 P.3d 795 (Alaska 2011). “See AS 11.81.370(a) ("In addition to using force justified under other sections of this chapter, a peace officer may use nondeadly force and may threaten to use deadly force when and to the extent the officer reasonably believes it necessary to make an arrest, to terminate an…”
Samaniego v. City of Kodiak, 2 P.3d 78 (Alaska 2000). “We announce an objective standard based on the privilege to use force in making arrests, which is codified in AS 11.81.370 and AS 12.25.070, as well as the case law interpreting our qualified-immunity statute.”
Howard v. State, 664 P.2d 603 (Alaska Ct. App. 1983). “160 and was further modified by the legislature’s enactment of AS 11.81.370, which specifically authorizes a peace officer to use nondeadly force and threaten to use deadly force to the extent necessary in making a lawful stop.”
Sheldon v. City of Ambler, 178 P.3d 459 (Alaska 2008). “3 In that case, we announced the standard for qualified immunity based on our interpretation of AS 11.81.370 and 12.25.070. 4 Instead, the superior court used a 2001 United States Supreme Court decision, Saucier v.”
Sun v. State, 830 P.2d 772 (Alaska 1992). “030 must be read together with AS 11.81.370, so that the reasonable belief standard provided for in AS 11.”
Martin v. State, 623 P.2d 1225 (Alaska 1981). “2d 44, 49 (Alaska 1980), this court held that this "necessary and proper" phraseology should be construed consistently with the present AS 11.81.370, which took effect on January 1, 1980.”
— Alaska Stat. § 11.81.370(a) — 13 cases
Russell Ex Rel. Jn v. Virg-In, 258 P.3d 795 (Alaska 2011). “See AS 11.81.370(a) ("In addition to using force justified under other sections of this chapter, a peace officer may use nondeadly force and may threaten to use deadly force when and to the extent the officer reasonably believes it necessary to make an arrest, to terminate an…”
Marquinn Jones-Nelson v. State of Alaska, 512 P.3d 665 (Alaska 2022). “See Dissent at 42-45 (first citing AS 11.81.370; and then citing AS 11.81.430(a)(1)).”
Maness v. Daily, 307 P.3d 894 (Alaska 2013).
Olson v. City of Hooper Bay, 251 P.3d 1024 (Alaska 2011). “" 33 Shkeidon rejected the idea that AS 11.81.370 and AS 12.25.070 provide sufficient notice to an officer of the legality or illegality of the officer's actions.”
Maness v. Daily, 184 P.3d 1 (Alaska 2008). “AS 11.81.370(a). 16 . AS 09.65.210(1) provides: A person who suffers personal injury or death .”
— Alaska Stat. § 11.81.370(a)(1) — 1 case
Marquinn Jones-Nelson v. State of Alaska, 512 P.3d 665 (Alaska 2022). “See Dissent at 42-45 (first citing AS 11.81.370; and then citing AS 11.81.430(a)(1)).”
— Alaska Stat. § 11.81.370(a)(2) — 1 case
Maness v. Daily, 184 P.3d 1 (Alaska 2008). “AS 11.81.370(a). 16 . AS 09.65.210(1) provides: A person who suffers personal injury or death .”
— Alaska Stat. § 11.81.370(a)(3) — 1 case
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