Police officers are subject to different rules about the use of deadly force than ordinary citizens. A police officer is allowed to use deadly force in two circumstances, both of which require the officer to determine that the target poses a threat to others. The first is when the officer believes that the target is directly threatening him or another person. The second is when the officer has probable cause to believe that the person is a suspect fleeing the scene of a violent felony. That rule comes from a Supreme Court case called Tennessee v. Garner, in which the majority opinion explained: The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than that they escape. Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so. It is no doubt unfortunate when a suspect who is in sight escapes, but the fact that the police arrive a little late or are a little slower afoot does not always justify killing the suspect. A police officer may not seize an unarmed, nondangerous suspect by shooting him dead.
Posted on: Mon, 15 Sep 2014 02:29:06 +0000
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