NCJ Number
112952
Journal
FBI Law Enforcement Bulletin Volume: 57 Issue: 7 Dated: (July 1988) Pages: 20-29
Date Published
1988
Length
10 pages
Annotation
This article traces American law governing the use of deadly force by police from its English Common Law origins to the constitutional standard established by the Supreme Court in Tennessee v. Garner.
Abstract
The standard set in Tennessee v. Garner requires that there be probable cause to believe a suspect poses a significant threat of death or serious physical injury to the officer and others, and that deadly force is necessary to prevent his escape. 'Deadly force' is defined, and case law is cited to illustrate. The substance and scope of the standard and its practical applications for law enforcement officers and agencies are discussed. Specifically, the 'seizure' and 'reasonableness' requirements, threats with a weapon, and probable cause are examined. Footnotes.