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

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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. 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
  3. The arrest is for property crime
  4. 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)