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Model Penal Code Rule on Deadly Force

Sec. 1307. Use of Force in Law Enforcement

(1) Use of Force Justifiable to Effect an Arrest. Subject to the provisions of this Section and of Section 3.09, the use of force upon or toward the person of another is justifiable when the actor is making or assisting in making an arrest and the actor believes that such force is immediately necessary to effect a lawful arrest.

(2) Limitations on the Use of Force.
(a) The use of force is not justifiable under this Section unless:

(i) the actor makes known the purpose of the arrest or believes that
it is otherwise known by or cannot reasonably be made known to the
person to be arrested; and
(ii) when the arrest is made under a warrant, the warrant is valid or

believed by the actor to be valid.
(b) The use of deadly force is not justifiable under this Section unless:

(i) the arrest is for a felony; and
(ii) the person effecting the arrest is authorized to act as a peace
officer or is assisting a person whom he believes to be authorized to
act as a peace officer; and
(iii) the actor believes that the force employed creates no
substantial risk of injury to innocent persons; and
(iv) the actor believes that:
(1) the crime for which the arrest is made involved conduct including
the use or threatened use of deadly force; or
(2) there is a substantial risk that the person to be arrested will
cause death or serious bodily harm if his apprehension is delayed.

(3) Use of Force to Prevent Escape from Custody. The use of force to prevent the escape of an arrested person from custody is justifiable when the force could justifiably have been employed to effect the arrest under which the person is in custody, except that a guard or other person authorized to act as a peace officer is justified in using any force, including deadly force, which he believes to be immediately necessary to prevent the escape of a person from a jail, prison, or other institution for the detention of persons charged with or convicted of a crime.

Model Penal Code, Sec. 1307(2)(b)(i)(iv) (Proposed Official Draft, 1962)


Complaints about police practices can be filed with the Omaha Police
Division. The complainant should appear in person at division headquarters if
at all possible because complaints generally are not taken by telephone.

Omaha Police Division
505 South 15th Street

Omaha, Nebraska
(402) 444-5811 (Internal Security)

If you believe your constitutional rights have been violated by the police, you can file a complaint with:

United States Attorney
215 North 17th Street

Omaha, Nebraska
(402) 221-4774


Federal Bureau of Investigation

215 North 17th Street

Omaha, Nebraska
(402) 348-1210

The Public Interest Law Center of Omaha offers a referral service for those who want to file suit against abusive police officers. Volunteer attorneys will not charge initial attorney fees but will charge for other expenses such as depositions. Every effort is made to keep costs at a minimum. The Law Center is staffed with volunteers and has no office. Contact can be made by telephone. Call: 348-1075.





1819 FAANAM STREET OVAHA, HEBRASKA 68183 • 402/444-5001

May 4, 1982

Mr. Melvin Jenkins
Regional Director
U.S. Commission on Civil Rights
Room 3100, 911 Walnut
Kansas City, Missouri 64106

Dear. Mr. Jenkins:

It is apparent that a great deal of time and effort went into the
preparation of the report on police-community relations in the City of
Ouaha. I appreciate all of this work, and found the historical perspective
on this situation to be very informative.

As you know, the past year has seen an entire new command structure in place over the police division -- with my election as Mayor and with my subsequent appointaents of a new Public Saiety Director, Assistant Public Saiety Director, and Chief of Police.

Other changes in approach have followed as a result of this change in administration. I am very confident that our approach will meet with your approval.

Some of the elements of my acts are:


My appointment of former Deputy Chief Joseph Friend as my Public Safety Director. This appointment was met with considerable favorable response from many segments of the community, especially in view of Mr. Friend's well-known commitment to community relations and affirmative action.

Mr. Friend's appointment of Erven McSwain as Assistant Public Safety Director. Mr. McSwain previously worked in the City of Omaha Human Relations Department.

My appointment of Robert Wadman as Chief of Police. Chief Wadman is also committed to community relations and affirmative action, and has excellent credentials. · Chief Wadman has already implemented a number of new programs which will obviously greatly improve the Police Division, and he will soon announce a new Mission Statement for the Police Division, a copy of which is enclosed. Also enclosed is a copy of an article which appeared in the Ouana World Herald today regarding the Pciire Division.

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Mr. Melvin Jenkins
May 4, 1982
Page Two

These and other activities by members of my administration over the next three years will demonstrate that we are committed to good policecommunity relations.

Again, thank you for the opportunity to review and respond to your report, and we look forward to future opportunities for cooperation with your group

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