Course: Introduction / Policing / Procedural Law
The Fleeing Felon Rule is a common-law rule that police could use deadly force to stop a person known to be a felon from getting away; made unconstitutional by the United States Supreme Court in Tennessee v. Garner.
The Fleeing Felon Rule was a common-law doctrine that allowed law enforcement officers to use deadly force to stop a person known to be a felon from escaping custody. Under this rule, officers were authorized to use deadly force even if the suspect did not pose an immediate threat to the officer or others. However, this rule was challenged in the landmark case of Tennessee v. Garner.
In Tennessee v. Garner, the Supreme Court was asked to consider the constitutionality of the Fleeing Felon Rule. The case involved the shooting of a 15-year-old boy who was suspected of stealing property. The officer who shot the boy claimed that he believed the suspect was armed and dangerous and that he feared for his own safety and the safety of others. However, it was later discovered that the suspect was unarmed at the time of the shooting.
The Supreme Court ultimately held that the Fleeing Felon Rule was unconstitutional, stating that the use of deadly force to apprehend a fleeing suspect was a “seizure” under the Fourth Amendment to the United States Constitution. The Court held that such a seizure was only lawful if it was “reasonable” under the circumstances. In this case, the Court held that the use of deadly force to apprehend a suspect who did not pose an immediate threat to the officer or others was not reasonable under the circumstances.
The decision in Tennessee v. Garner was significant because it recognized that the use of deadly force by law enforcement officers was subject to constitutional limitations. The Court held that the use of such force must be based on a reasonable assessment of the threat posed by the suspect and that officers must use the minimum amount of force necessary to achieve their objective.
Since the decision in Tennessee v. Garner, the use of deadly force by law enforcement officers has been subject to increasing scrutiny. The case has been cited in numerous subsequent cases that have addressed the use of force by police officers, including cases involving the use of non-deadly force such as Tasers and pepper spray.
Despite the ruling in Tennessee v. Garner, there have been instances in which law enforcement officers have used deadly force to apprehend fleeing suspects. In some cases, these incidents have sparked public outcry and protests, leading to calls for increased accountability and reform in law enforcement practices.
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Last Modified: 04/13/2023