Just curious. A murderer I see no issue but fleeing an officer for a non murder/rape charge and being shot in the back I see this moral/ethical dilemma.
Is it legal for law enforcement to shoot someone in the back?
- Thread starter BluegrassPoke
- Start date
Sure, under the right circumstance. If the officer believes the person is imminently about to inflict critical bodily harm to the cop or anyone else, then he's authorized to used deadly force.
example: A suspect has a machete and is running away from the officer but right at the guy's ex girlfriend who he threatened to hack to death. If the officer thinks he's really about to go through with it, he can shoot the guy in the back.
example: A suspect has a machete and is running away from the officer but right at the guy's ex girlfriend who he threatened to hack to death. If the officer thinks he's really about to go through with it, he can shoot the guy in the back.
It was easier to just quote Wikipedia than give my own detailed analysis.
The quick answer is yes....in some circumstances.
Tennessee v. Garner, 471 U.S. 1 (1985)[2], is a civil case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, he or she may not use deadly force to prevent escape unless "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." It was found that use of deadly force to prevent escape is an unreasonable seizure under the Fourth Amendment, in the absence of probable cause that the fleeing suspect posed a physical danger.[1]:563-7
The quick answer is yes....in some circumstances.
Tennessee v. Garner, 471 U.S. 1 (1985)[2], is a civil case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, he or she may not use deadly force to prevent escape unless "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." It was found that use of deadly force to prevent escape is an unreasonable seizure under the Fourth Amendment, in the absence of probable cause that the fleeing suspect posed a physical danger.[1]:563-7