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Criminal Law -- Right To Run: Deadly Force and the Fleeing Felon. Tennessee v. Garner, 105 S. Ct. 1694 (1985)

NCJ Number
109498
Journal
Southern Illinois Law Journal Volume: 11 Dated: (Fall 1986) Pages: 171-184
Author(s)
M D Greathouse
Date Published
1986
Length
14 pages
Annotation
In its decision in Tennessee v. Garner in 1985, the U.S. Supreme Court has effectively created a constitutional right, for many felony suspects, to flee, although this issue is properly a matter of public policy and is still a subject of debate.
Abstract
The case involved an unarmed burglary suspect who was killed by police as he fled. The Supreme Court held that the use of deadly force on an unarmed, nondangerous fleeing felon was an unconstitutional violation of the fourth amendment's protection against unreasonable seizures. The case established that the use of deadly force must meet the fourth amendment's test of reasonableness, which requires a balancing of public interest and private rights. However, the standard adopted by the Court is ambiguously defined. The Court did not outline what factors would indicate probable cause that a suspect poses a significant threat of death or serious harm. The State legislatures should be the bodies that decide the proper balance between public and private rights on this issue. 109 footnotes. (Author summary modified)