When can police use deadly force?
Under the Constitution, when may police officers use deadly force? As Professor Rachel Harmon explains, generally, police officers can use lethal force under two circumstances: when they have probable cause to believe a suspect poses an imminent threat of serious bodily harm and when a dangerous suspect of a crime involving the infliction of serious physical injury is attempting to flee. In Tennessee v. Garner (1985), the Supreme Court held that the Fourth Amendment prohibits the use deadly force against a non-violent, unarmed felon who is fleeing. The Court noted, however, that if the suspect is threatening the officer or there is probable cause to believe the suspect committed a violent crime, deadly force may be justifiable to effect an arrest or prevent the suspect from fleeing. The caveat Professor Harmon stresses is that while the Supreme Court may have provided the constitutional limits, not all states allow the full range of force allowed under the Supreme Court case law, and that communities and the public can also serve as important checks to hold police departments accountable for certain systemic practices.
