The common law fleeing felon rule was based on the distinction between felonies and misdemeanors, but< many States codified the rule without making this distinction or accounting for the increased number of crimes classified as felonies. Courts have been reluctant to strike down such laws, although they have been challenged. In Garner v. Memphis Police Department, a police officer shot and killed a 15-year-old youth after he burglarized an unoccupied house and tried to elude capture. The officer knew the suspect was young and unarmed. The boy's father challenged the constitutional validity of the Tennessee fleeing felon law under both the 4th and 14th amendments. On appeal, the Sixth Circuit Court held that the law constitutes an unreasonable seizure of person and a deprivation of life without due process. It listed three situations in which deadly force would be justified as a last resort: the police suspect the felon of committing a violent crime, have probable cause to believe the suspect was armed, and believe the suspect would endanger the lives of others if allowed to escape. 144 footnotes.