Use of Force & Arrest · U.S. Supreme Court, 1985
Tennessee v. Garner
Tennessee v. Garner is a 1985 U.S. Supreme Court decision. This page summarizes key points and works through practice questions for Texas peace officer exam preparation.
Key points
- Deadly force may be used to prevent escape only if necessary to prevent the escape
- And the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others
- Warning given where feasible
- Constitutional limit on deadly-force-to-apprehend
Learn more about this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
Worked example 1
Under Tennessee v. Garner, deadly force to apprehend a fleeing felon is constitutional only when:
- The suspect is fleeing from any offense
- Deadly force is necessary to prevent the escape and the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others, with a warning given where feasible Correct
- The arrest is for property crime
- The suspect is armed in any way
Why: Garner: deadly force may not be used to prevent escape unless it is necessary to prevent the escape and the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others; where feasible, some warning must be given.
Statute: Tennessee v. Garner, 471 U.S. 1 (1985)