§ 13A-3-27 — Use of Force in Making an Arrest or Preventing an Escape

Alabama § 13A-3-27

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 3: Defenses
• Art. 2: Justification and Excuse

Text

(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.

Legislative History

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