Use of Force & Arrest · Tennessee v. Garner

Tennessee v. Garner

Tennessee v. Garner is covered under Tennessee v. Garner and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Peace Officer Force" on practice exams.

To prove this offense, the State must establish each of the following elements: Probable cause to believe suspect poses significant threat of death or SBI; To officer or others; Warning given where feasible; Constitutional limit on deadly-force-to-apprehend.

Elements you must prove

  • Probable cause to believe suspect poses significant threat of death or SBI
  • To officer or others
  • Warning given where feasible
  • Constitutional limit on deadly-force-to-apprehend

Practice 1 question on this topic

Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.

Start Free Practice

Worked examples

Worked example 1

Under Tennessee v. Garner, deadly force to apprehend a fleeing felon is constitutional only when:

  1. The suspect is fleeing from any offense
  2. The officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others, and (where feasible) some warning has been given Correct
  3. The arrest is for property crime
  4. The suspect is armed in any way
Why: Garner held that deadly force to apprehend a fleeing felon is constitutional only when the officer has probable cause to believe the suspect poses a significant threat of death or SBI to the officer or others, and where feasible, warning has been given.
Statute: Tennessee v. Garner, 471 U.S. 1 (1985)