NCJ Number
159272
Journal
Crime to Court Police Officer's Handbook Dated: (December 1995) Pages: complete issue
Date Published
1995
Length
17 pages
Annotation
This training guide for police officers presents the facts and the appellate court decision regarding police use of deadly force.
Abstract
In the 1985 case of Tennessee v. Garner, the U.S. Supreme Court held that police use of deadly force to capture an unarmed fleeing felony suspect represented an unreasonable seizure of the suspect and was therefore prohibited by the Fourth Amendment. The case of Romero v. Board of County Commissioners, et al did not involve an attempted escape by a suspected felon, but it is a good example of a civil rights lawsuit arising out of the use of deadly force by police officers. The police officer was dispatched to check a vehicle in need of assistance, discovered a car with a flat tire, suspected that the driver was intoxicated, and told Romero that he could not drive. Romero was shot and killed by the police officer after some verbal interactions and violence. The plaintiffs did not dispute the police officer's assertion that Romero had initiated the violence and ignored warnings to drop his knife and that the police officer acted in self-defense. The appellate court held that the officer's use of deadly force was reasonable in the circumstances and rejected plaintiff arguments that the officer should have secured the suspect. Questions and answers about police procedures, and additional articles on warrantless searches and education about prejudice