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Police officers and private citizens may arrest without a warrant for any misdemeanor committed in their presence. Only reasonable non-deadly force can be used to make the arrest.


General statutes concerning arrests applicable to all classes of criminal cases, provide that: 'the defendant shall not be subject to any more restraint than is necessary for his arrest and detention.' § 2157 Burns 1926. 'If, after notice of intention to arrest the defendant, he either flees or forcibly resists, the officer may use all necessary means to effect the arrest.' § 2159 Burns 1926.


In Plummer v. State (1893), 135 Ind. 308, 34 N.E. 968, the court said: 'The law does not allow a peace officer to use more force than is necessary to effect an arrest. . . . And if he do use such unnecessary force, he . . . may be lawfully resisted. . . . If the officer is resisted before he has used needless force and violence, he may then press forward and overcome such resistance, even to the taking of the life of the person arrested, if absolutely necessary.' The degree or limit of force that lawfully may be ...

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