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Tennessee v. Garner (1985) ​


Overview ​

This landmark decision set constitutional limitations on the use of deadly force by law enforcement officers under the Fourth Amendment.
The case arose after a Memphis police officer shot and killed Edward Garner, a 15-year-old burglary suspect, as he attempted to flee over a fence. Garner was unarmed, and the officer later testified that he believed the suspect would escape if not stopped.

Ruling ​

The Supreme Court held that the use of deadly force to prevent the escape of an unarmed, non-dangerous fleeing suspect is unconstitutional.
Deadly force may only be used if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.

“A police officer may not seize an unarmed, non-dangerous suspect by shooting him dead.”

Implication ​

This case established that deadly force must be objectively reasonable under the Fourth Amendment.
A suspect who has previously fired at officers but still retains the weapon may still be considered a continuing threat, even if the weapon is temporarily out of sight.

Quick Guide ​

  • Officers may use deadly force only when a suspect presents an immediate or ongoing threat of serious harm.
  • A fleeing suspect who is no longer armed or posing danger cannot be lawfully shot.
  • This decision defines the federal standard for use of force, guiding RP policies on proportionality and necessity.
  • Violating this standard by shooting a non-threatening, fleeing suspect would constitute excessive force and breach both constitutional and departmental policy.