Use-of-force law in Missouri

Law enforcement agencies in Missouri exist at the town, county, and state levels and are subject to national guidelines, state laws, and applicable local or county policies. Use of force doctrine is defined in Missouri by state law as well as local policy.[1] From the 1860s, when Missouri became a state, until the 1960s, individual states wrote their own codes, often using common law as a basis. In 1962, the Model Penal Code was published with recommendations to modernize and standardize penal law and criminal law nationally.[14] The code served and continues to serve as a basis for the replacement of existing criminal codes in over two-thirds of the states.[15] Missouri did not incorporate the recommendations.[16] The statutes concerning use of force in Missouri included the stipulation that police officers could use deadly force to stop a fleeing suspect of a felony including the event that the felony was not of a violent nature, such as a crime against property. In 1977, the United States Court of Appeals for the Eighth Circuit struck down these statutes in Mattis v. R Schnarr.[17] The court found that the Missouri statute authorizing the use of deadly force by police attempting to arrest any fleeing felon was unconstitutional as "an arbitrary imposition of death" and violation of due process.[16]

In Tennessee v. Garner, Justice White wrote for the Majority opinion addressing the legal issue as whether the totality of the circumstances justified the deadly force. Because it deprives the suspect of his life, White concluded that deadly force should be applied only when there is a "reasonable suspicion" that a suspect is armed or dangerous. The legal concept derives from a prior decision in Terry v. Ohio (1968) where court recognized law enforcement's right to stop a possible suspect for a brief time and take additional steps to investigate further.[18] In 1989, Graham v. Connor, a similar finding was held; ""the reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation."[9] Although Missouri statute still stated that law enforcement could use force including deadly force on any suspect that "has attempted to commit or has committed a felony," the concept of reasonableness was included.[19] "...An officer may only use deadly force as permitted by other justifications such a self defense or when he reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested a)Has committed or attempted to commit a felony; or b) Is attempting to escape by use of a deadly weapon; or c) May otherwise endanger life or inflict serious physical injury unless arrested without delay."[20][21]

Investigation into possible use of force violation is first conducted internally. A state prosecutor can also apply to judge or grand jury to decide whether there is enough evidence to pursue a prosecution.[22] The application of the standard is interpreted by a jury in criminal cases.[8]

• Police accountability