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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) A peace officer or other person who has an arrested person in custody is justified in the use of force to prevent the escape of the arrested person from custody that the officer or other person would be justified in using if the officer or other person were arresting the person.
(2) A guard or other peace officer is justified in the use of force, including force likely to cause death or serious bodily harm, that the guard or officer reasonably believes to be necessary to prevent the escape from a correctional institution of a person whom the guard or officer reasonably believes to be lawfully detained in the institution under sentence for an offense or awaiting trial or commitment for an offense.
Cite this article: FindLaw.com - Montana Title 45. Crimes § 45-3-106. Use of force to prevent escape - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-45-crimes/mt-st-45-3-106/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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