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Illinois Compiled Statutes

720 ILCS 5/7-5 (2026)

Peace officer's use of force in making arrest

✓ current as of May 2026
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(720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
    Sec. 7-5. Peace officer's use of force in making arrest.
    (a) A peace officer, or any person whom he has summoned 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, based on the totality of the circumstances, to be necessary to effect the arrest and of any force which he reasonably believes, based on the totality of the circumstances, 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: (i) he reasonably believes, based on the totality of the circumstances, that such force is necessary to prevent death or great bodily harm to himself or such other person; or (ii) when he reasonably believes, based on the totality of the circumstances, both that:
        (1) Such force is necessary to prevent the arrest
    
from being defeated by resistance or escape and the officer reasonably believes that the person to be arrested is likely to cause great bodily harm to another; and
        (2) The person to be arrested committed or attempted
    
a forcible felony which involves the infliction or threatened 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.
    As used in this subsection, "retreat" does not mean tactical repositioning or other de-escalation tactics.
    A peace officer is not justified in using force likely to cause death or great bodily harm when there is no longer an imminent threat of great bodily harm to the officer or another.
    (a-5) Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify himself or herself as a peace officer and to warn that deadly force may be used.
    (a-10) A peace officer shall not use deadly force against a person based on the danger that the person poses to himself or herself if a reasonable officer would believe the person does not pose an imminent threat of death or great bodily harm to the peace officer or to another person.
    (a-15) A peace officer shall not use deadly force against a person who is suspected of committing a property offense, unless that offense is terrorism or unless deadly force is otherwise authorized by law.
    (b) A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which he would be justified in using if the warrant were valid, unless he knows that the warrant is invalid.
    (c) The authority to use physical force conferred on peace officers by this Article is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life.
    (d) Peace officers shall use deadly force only when reasonably necessary in defense of human life. In determining whether deadly force is reasonably necessary, officers shall evaluate each situation in light of the totality of circumstances of each case, including, but not limited to, the proximity in time of the use of force to the commission of a forcible felony, and the reasonable feasibility of safely apprehending a subject at a later time, and shall use other available resources and techniques, if reasonably safe and feasible to a reasonable officer.
    (e) The decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies.
    (f) The decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time of the decision, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force.
    (g) Law enforcement agencies are encouraged to adopt and develop policies designed to protect individuals with physical, mental health, developmental, or intellectual disabilities, or individuals who are significantly more likely to experience greater levels of physical force during police interactions, as these disabilities may affect the ability of a person to understand or comply with commands from peace officers.
    (h) As used in this Section:
        (1) "Deadly force" means any use of force that
    
creates a substantial risk of causing death or great bodily harm, including, but not limited to, the discharge of a firearm.
        (2) A threat of death or serious bodily injury is
    
"imminent" when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or great bodily harm to the peace officer or another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.
        (3) "Totality of the circumstances" means all facts
    
known to the peace officer at the time, or that would be known to a reasonable officer in the same situation, including the conduct of the officer and the subject leading up to the use of deadly force.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21.)

    
Notes of Decisions
Cited in 27 cases (10 in the last 5 years), 1994–2026 · leading case: Samuel Muhammed v. City of Chicago, 316 F.3d 680 (7th Cir. 2002).
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Samuel Muhammed v. City of Chicago, 316 F.3d 680 (7th Cir. 2002). “See 720 ILCS 5/7-5; 740 ILCS 180/1. On appeal Muhammed has abandoned his claims against Allen and initially argues that summary judgment for the City and Volland was not proper because there is a dispute regarding whether Mitchell actually robbed LaSalle Bank.”
People v. Ammons, 2021 IL App (3d) 150743 (Ill. App. Ct. 2021). “3d 218, 230 (2010)), and the officer need not retreat in the face of resistance (720 ILCS 5/7-5(a) (West 2014); People v. -5- Haynes, 408 Ill.”
Richman v. Sheahan, 415 F. Supp. 2d 929 (N.D. Ill. 2006). “Those requirements, according to the Guidelines, are the Fourth Amendment of the United States, Article 1, Section 6 of the Illinois Constitution, and 720 ILCS 5/7-5, which cover justifiable use of force.”
People v. Augusta, 2019 IL App (3d) 170309 (Ill. App. Ct. 2020). · cites it 2× “5(b) states: “[a] peace officer shall not use a chokehold, or any lesser contact with the throat or neck area of another, in order to prevent the destruction of evidence by ingestion.”
Davis v. The City of Chicago, 2014 IL App (1st) 122427 (Ill. App. Ct. 2014). “2 Defendants argue that the definition of willful and wanton appropriately included “without legal authority” based on section 7-5 of the Illinois Criminal Code of 1961, which sets forth a police officer’s justifiable use of force while making an arrest (720 ILCS 5/7-5 (West…”
People v. Mandarino, 2013 IL App (1st) 111772 (Ill. App. Ct. 2013). “720 ILCS 5/7-5(a) (West 2006). The officer “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.”
Green v. State, 2023 IL App (1st) 220245 (Ill. App. Ct. 2023). “See 720 ILCS 5/7-5(a) (West 2020) (A peace officer “is justified in the use of any force which he reasonably believes, based on the totality of the circumstances, to be necessary to effect the arrest and of any force which he reasonably believes, based on the totality of the…”
People v. Jones, 2015 IL App (2d) 130387 (Ill. App. Ct. 2015). “¶ 23 Defendant acknowledges the rules that one may not resist even an unlawful arrest (see 720 ILCS 5/7-7 (West 2010)) and that an officer may generally use any force that he reasonably believes necessary to effect an arrest (see 720 ILCS 5/7-5(a) (West 2010)). Defendant argues…”
Sledd v. Lindsay, 864 F. Supp. 819 (N.D. Ill. 1994). “Further, an Illinois statute provides that an officer “is justified in using force likely to cause death or great bodily harm only when he reasonably believes that such force is necessary to prevent death or bodily harm to himself or such other person____” 720 ILCS 5/7-5 (1992).…”
Boyle v. Torres, 756 F. Supp. 2d 983 (N.D. Ill. 2010). “Their argument for summary judgment is based on 720 ILCS 5/7-5, which provides that “[a] peace officer .”
Horton v. City of Chicago (N.D. Ill. 2018). · cites it 3× “State Law Claims Against Walker Walker argues that he also is entitled to summary judgment on Plaintiff’s state law claims for wrongful death and battery because (1) his use of force was justified under 720 ILCS 5/7-5 and (2) he is shielded from liability by Illinois’ Tort…”
People v. Vesey, 2024 IL App (4th) 230401 (Ill. App. Ct. 2024). “Although the scope of an officer’s duties could be relevant when the trial court considers whether his use of force was excessive under the totality of the circumstances (see 720 ILCS 5/7-5(a), (f), (h)(3) (West 2022)), we caution that a trial court may not require the record to…”
Show all 27 citing cases →
— 720 ILCS 5/7-5(a) — 13 cases
People v. Ammons, 2021 IL App (3d) 150743 (Ill. App. Ct. 2021). “3d 218, 230 (2010)), and the officer need not retreat in the face of resistance (720 ILCS 5/7-5(a) (West 2014); People v. -5- Haynes, 408 Ill.”
People v. Mandarino, 2013 IL App (1st) 111772 (Ill. App. Ct. 2013). “720 ILCS 5/7-5(a) (West 2006). The officer “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.”
Green v. State, 2023 IL App (1st) 220245 (Ill. App. Ct. 2023). “See 720 ILCS 5/7-5(a) (West 2020) (A peace officer “is justified in the use of any force which he reasonably believes, based on the totality of the circumstances, to be necessary to effect the arrest and of any force which he reasonably believes, based on the totality of the…”
People v. Jones, 2015 IL App (2d) 130387 (Ill. App. Ct. 2015). “¶ 23 Defendant acknowledges the rules that one may not resist even an unlawful arrest (see 720 ILCS 5/7-7 (West 2010)) and that an officer may generally use any force that he reasonably believes necessary to effect an arrest (see 720 ILCS 5/7-5(a) (West 2010)). Defendant argues…”
People v. Vesey, 2024 IL App (4th) 230401 (Ill. App. Ct. 2024). “Although the scope of an officer’s duties could be relevant when the trial court considers whether his use of force was excessive under the totality of the circumstances (see 720 ILCS 5/7-5(a), (f), (h)(3) (West 2022)), we caution that a trial court may not require the record to…”
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