A subject that is unrestrained and standing poses a greater threat than one who is lying face down and handcuffed.
Wisconsin State Statute 939.45 declares "the fact that an actors conduct is privileged, although otherwise criminal, is a defense to prosecution for any crime based on that conduct." It is this statute that authorizes police to use force when acting under the color of the law. What it does not state is how to go about using this privileged use of force. For that we must look to intervention options. .
Without being too in depth, intervention options govern how we use force and when to use more. The first step is presence, or a visible display of authority. The next step would be dialog, which simply means talking to a subject in order to verbally persuade them. Empty hand control is used to safely initiate contact and to overcome passive resistance if dialog does not work. Other examples of this would be oleoresin capsicum (OC) spray, passive and active countermeasures, and incapacitating techniques. If the subject continues to not comply, use of an intermediate weapon may be needed. Intermediate weapons are used to impede a subject. The final level of force set forth in intervention options is deadly force, when a firearm or other means are used to stop the threat.
The definition of deadly force is "the intentional use of a firearm or other instrument, the use of which would result in a high probability of death." The state statutes say in 939.48 "the actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself." This can also be extended to defend a third person. The use of deadly force cannot, however, be used to prevent suicide or protect property (939.48&939.49). .
In the case of Tennessee v.
