Idaho State Statutes - Idaho Attorney Directory

Homicide is justifiable when
committed by public officers and those acting by their command in their aid
and assistance, either:
1. In obedience to any judgment of a competent court; or
2. When reasonably necessary in overcoming actual resistance to the
execution of some legal process, or in the discharge of any other legal duty
including suppression of riot or keeping and preserving the peace. Use of
deadly force shall not be justified in overcoming actual resistance unless the
officer has probable cause to believe that the resistance poses a threat of
death or serious physical injury to the officer or to other persons; or
3. When reasonably necessary in preventing rescue or escape or in
retaking inmates who have been rescued or have escaped from any jail, or when
reasonably necessary in order to prevent the escape of any person charged with
or suspected of having committed a felony, provided the officer has probable
cause to believe that the inmate, or persons assisting his escape, or the
person suspected of or charged with the commission of a felony poses a threat
of death or serious physical injury to the officer or other persons.

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