Q: Can you stop a police officer who is in the middle of committing a felony?
It is typical that the law allows a citizen to intervene to prevent the commission of a felony. If the felon is armed with deadly force, the penalties for commission and the latitude in preventing the crime are broader accordingly (this is assumption). In a recent conversation, the question came up around what would happen if a bystander tried to stop Chauvin by force in the George Floyd case. As Chauvin was charged with 3rd degree murder, there is clearly a prima facie argument that a bystander would know murder was in the making. Stopping murder, even by deadly force, would typically be accepted. What would happen when the felon is an on-duty police officer in uniform?
A: Minnesota statutes authorize police officers to use greater force, and in more situations, than the rest of us. We can see that in the self-defense statutes, for example. We can also compare the statutes for police officer arrest powers, vs the citizen's arrest statute. Self-defense law is a broader category that includes the "defense of others" defense, as well as "defense of property." So the reasonable use of force in defense of another could be deemed lawful, in the right circumstances. And in the end, a jury is the final fact-finder to decide whether self-defense or defense of another is lawful. That means that the person who uses reasonable force in defense of self or another, is at risk of being criminal charged, and convicted of a serious crime. Often these situations are only clear in retrospect. In a conflict where a defendant asserts lawful self-defense or defense of another, the actors position of authority (police officer or not), as well an actor's reasonable intent to prevent a serious crime would be factors a jury could consider. More on my self-defense law pages on my website.
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