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Old September 30, 2018, 03:08 PM   #1
Solovist
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Join Date: September 30, 2018
Posts: 2
Use of force question?

Hi, this is my first post and i hope this is the right forum. Let me start out by saying i live downtown in a relatively small town, but the city center isnt small. I live on the 2nd floor of a building with businesses on the 1st. There is a popular bar that is always trouble but it has gotten a lot worse. A month ago someone was shot in the head and murdered right below me on the street. Last night i once again heard a lot of yelling down on the street i looked out the window to see 5 men attacking one man, just pounding his face and head. My first instinct was to grab a weapon and go help, but i stopped myself realizing id probably end up shooting someone because theyre drunk and try to attack me for intervening. I did the next best thing and called the police.
This is Minnesota law on use of force.
09.06 AUTHORIZED USE OF FORCE.
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Subdivision 1.When authorized.

Except as otherwise provided in subdivision 2, reasonable force may be used upon or toward the person of another without the other's consent when the following circumstances exist or the actor reasonably believes them to exist:

(1) when used by a public officer or one assisting a public officer under the public officer's direction:

(a) in effecting a lawful arrest; or

(b) in the execution of legal process; or

(c) in enforcing an order of the court; or

(d) in executing any other duty imposed upon the public officer by law; or

(2) when used by a person not a public officer in arresting another in the cases and in the manner provided by law and delivering the other to an officer competent to receive the other into custody; or

(3) when used by any person in resisting or aiding another to resist an offense against the person; or

(4) when used by any person in lawful possession of real or personal property, or by another assisting the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property; or

(5) when used by any person to prevent the escape, or to retake following the escape, of a person lawfully held on a charge or conviction of a crime; or

(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or

(7) when used by a school employee or school bus driver, in the exercise of lawful authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or

(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful requirement for the conduct of passengers and reasonable care is exercised with regard to the passenger's personal safety; or

(9) when used to restrain a person with a mental illness or a person with a developmental disability from self-injury or injury to another or when used by one with authority to do so to compel compliance with reasonable requirements for the person's control, conduct, or treatment; or

(10) when used by a public or private institution providing custody or treatment against one lawfully committed to it to compel compliance with reasonable requirements for the control, conduct, or treatment of the committed person.

Section three seems to state that i have the right to use force when someone is being beat by multiple people. What im wondering is did i do the right thing in not going down? I was unaware of this law at the time, and even knowing it i feel it could have made the situation worse. Best case scenario im able to stop the fight without any issues, worst case, i have to shoot someone because they attack me(this implies i have followed Minnesota's deadly force law and made every attempt to retreat first). If i had gone down only intending to use force, but then deadly force is required, am i shielded by the law allowing me to assist someone?



TLDR; If i follow the law and use force to assist someone being assaulted, am i shielded by the law if i have to use deadly force BECAUSE I went down to help?
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