When can a peace officer use force to prevent escape from custody according to PC 9.52?

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The correct understanding of when a peace officer can use force to prevent escape from custody, according to PC 9.52, hinges on the necessity to maintain control during arrest circumstances. This section recognizes that peace officers are permitted to use reasonable force when it is necessary to ensure that a suspect remains in custody and does not escape.

The critical component is the interpretation of "necessary to maintain control" and the justification of force under arrest circumstances. This means that if a suspect attempts to flee, and it is reasonable for the officer to believe that such an action could jeopardize the integrity of the arrest or pose a risk to public safety, the officer may respond with force that is proportionate to the threat or action posed by the suspect.

Thus, the emphasis is on the situation's context and the immediacy of the circumstances surrounding the attempted escape, rather than solely on whether the suspect is violent or having unavailable backup. Each incident must be evaluated on its own merits, taking into consideration the level of threat posed and the necessity of maintaining custody.

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