Explain the rules and the logic for police use of deadly force and nondeadly force both under the old fleeing-felon rule and today. Why did the court change from one rule to the other? Explain.

What will be an ideal response?


In 1985, in Tennessee v. Garner, the Supreme Court held that the police may resort to deadly force to apprehend a fleeing felon under the Fourth Amendment when the officer has probable cause to believe that the suspect threatens the officer with a weapon or when there is probable cause to believe that he or she has committed a crime involving the infliction or threatened infliction of serious physical harm. The officer, where feasible, should issue a warning. Four years later, in Graham v. Connor, the U.S. Supreme Court held that the exercise of nondeadly force also is to be analyzed under the Fourth Amendment reasonableness standard.

Criminal Justice

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