NCJ Number
147476
Journal
FBI Law Enforcement Bulletin Volume: 63 Issue: 3 Dated: (March 1994) Pages: 27-32
Date Published
1994
Length
6 pages
Annotation
The use of deadly force by police to prevent the escape of criminal suspects is discussed.
Abstract
In 1985, the U.S. Supreme Court in Tennessee v. Garner recognized constitutional authority for the use of deadly force to prevent escape and provided a two-prong test to guide the exercise of that authority. First, an officer must have probable cause to believe that the fleeing suspect is dangerous, and second, the use of deadly force must be necessary to effect the seizure. This article covers the Garner decision and the two-prong test at some length, including brief discussions of Krueger v. Fuhr and Smith v. Freeland which applied the Garner principles. Concluding that the use of deadly force by law enforcement officers under any circumstance is fraught with consequences, he concludes that when used to prevent the escape of a dangerous felon, the Court attempted to strike a balance between the competing interests of the individual and society. Since the Constitution does not impose an affirmative duty on the police to use deadly force to prevent escape of dangerous suspects, officers, as a matter of discretion, and departments, as a matter of policy, are free to be more restrictive than the Federal constitutional standard.