tennessee
garner
argued
october
decided
march
tennessee
statute
provides
police
officer
given
notice
intent
arrest
criminal
suspect
suspect
flees
forcibly
resists
officer
may
use
necessary
means
effect
arrest
acting
authority
statute
memphis
police
officer
shot
killed
garner
son
told
halt
son
fled
fence
night
backyard
house
suspected
burglarizing
officer
used
deadly
force
despite
reasonably
sure
suspect
unarmed
thinking
years
old
slight
build
father
subsequently
brought
action
federal
district
seeking
damages
asserted
violations
son
constitutional
rights
district
held
statute
officer
actions
constitutional
appeals
reversed
held
tennessee
statute
unconstitutional
insofar
authorizes
use
deadly
force
case
apparently
unarmed
nondangerous
fleeing
suspect
force
may
used
unless
necessary
prevent
escape
officer
probable
cause
believe
suspect
poses
significant
threat
death
serious
physical
injury
officer
others
pp
apprehension
use
deadly
force
seizure
subject
fourth
amendment
reasonableness
requirement
determine
whether
seizure
reasonable
extent
intrusion
suspect
rights
amendment
must
balanced
governmental
interests
effective
law
enforcement
balancing
process
demonstrates
notwithstanding
probable
cause
seize
suspect
officer
may
always
killing
use
deadly
force
prevent
escape
felony
suspects
whatever
circumstances
constitutionally
unreasonable
pp
fourth
amendment
purposes
case
construed
light
rule
allowing
use
whatever
force
necessary
effect
arrest
fleeing
felon
changes
legal
technological
context
mean
rule
distorted
almost
beyond
recognition
literally
applied
whereas
felonies
formerly
capital
crimes
many
crimes
classified
misdemeanors
nonexistent
common
law
felonies
also
rule
developed
time
weapons
rudimentary
light
varied
rules
adopted
indicating
movement
away
rule
particularly
police
departments
rule
dubious
indicium
constitutionality
tennessee
statute
indication
holding
police
practice
authorized
statute
unreasonable
severely
hamper
effective
law
enforcement
pp
burglary
serious
crime
officer
case
reasonably
believed
suspect
young
slight
unarmed
posed
threat
fact
unarmed
suspect
broken
dwelling
night
automatically
mean
dangerous
pp
white
delivered
opinion
brennan
marshall
blackmun
powell
stevens
joined
filed
dissenting
opinion
burger
rehnquist
joined
post
together
memphis
police
department
et
al
garner
et
certiorari
henry
klein
argued
cause
petitioners
briefs
clifford
pierce
charles
holmes
paul
goodman
michael
cody
attorney
general
tennessee
argued
cause
appellant
briefs
william
leech
former
attorney
general
jerry
smith
assistant
attorney
general
steven
winter
argued
cause
garner
brief
walter
bailey
fn
briefs
amici
curiae
urging
affirmance
filed
florida
chapter
national
bar
association
deitra
micks
police
foundation
et
al
william
josephson
robert
kasanof
philip
lacovara
margaret
bush
wilson
justice
white
delivered
opinion
case
requires
us
determine
constitutionality
use
deadly
force
prevent
escape
apparently
unarmed
suspected
felon
conclude
force
may
used
unless
necessary
prevent
escape
officer
probable
cause
believe
suspect
poses
significant
threat
death
serious
physical
injury
officer
others
october
memphis
police
officers
elton
hymon
leslie
wright
dispatched
answer
prowler
inside
call
upon
arriving
scene
saw
woman
standing
porch
gesturing
toward
adjacent
house
told
heard
glass
breaking
someone
breaking
next
door
wright
radioed
dispatcher
say
scene
hymon
went
behind
house
heard
door
slam
saw
someone
run
across
backyard
fleeing
suspect
decedent
edward
garner
stopped
chain
link
fence
edge
yard
aid
flashlight
hymon
able
see
garner
face
hands
saw
sign
weapon
though
certain
reasonably
sure
figured
garner
unarmed
app
record
thought
garner
years
old
tall
garner
crouched
base
fence
hymon
called
police
halt
took
steps
toward
garner
began
climb
fence
convinced
garner
made
fence
elude
capture
hymon
shot
bullet
hit
garner
back
head
garner
taken
ambulance
hospital
died
operating
table
ten
dollars
purse
taken
house
found
body
using
deadly
force
prevent
escape
hymon
acting
authority
tennessee
statute
pursuant
police
department
policy
statute
provides
notice
intention
arrest
defendant
either
flee
forcibly
resist
officer
may
use
necessary
means
effect
arrest
code
ann
department
policy
slightly
restrictive
statute
still
allowed
use
deadly
force
cases
burglary
app
incident
reviewed
memphis
police
firearm
review
board
presented
grand
jury
neither
took
action
garner
father
brought
action
federal
district
western
district
tennessee
seeking
damages
asserted
violations
garner
constitutional
rights
complaint
alleged
shooting
violated
fourth
fifth
sixth
eighth
fourteenth
amendments
constitution
named
defendants
officer
hymon
police
department
director
mayor
city
memphis
bench
trial
district
entered
judgment
defendants
dismissed
claims
mayor
director
lack
evidence
concluded
hymon
actions
authorized
tennessee
statute
turn
constitutional
hymon
employed
reasonable
practicable
means
preventing
garner
escape
garner
recklessly
heedlessly
attempted
vault
fence
escape
thereby
assuming
risk
fired
upon
app
pet
cert
appeals
sixth
circuit
affirmed
regard
hymon
finding
acted
reliance
tennessee
statute
therefore
within
scope
qualified
immunity
remanded
reconsideration
possible
liability
city
however
light
monell
new
york
city
dept
social
services
come
district
decision
district
directed
consider
whether
city
enjoyed
qualified
immunity
whether
use
deadly
force
hollow
point
bullets
circumstances
constitutional
whether
unconstitutional
municipal
conduct
flowed
policy
custom
required
liability
monell
district
concluded
monell
affect
decision
acknowledging
doubt
possible
immunity
city
found
statute
hymon
actions
constitutional
given
conclusion
declined
consider
policy
custom
question
app
pet
cert
appeals
reversed
remanded
reasoned
killing
fleeing
suspect
seizure
fourth
amendment
therefore
constitutional
reasonable
tennessee
statute
failed
applied
case
adequately
limit
use
deadly
force
distinguishing
felonies
different
magnitudes
facts
found
justify
use
deadly
force
fourth
amendment
officers
resort
deadly
force
unless
probable
cause
believe
suspect
committed
felony
poses
threat
safety
officers
danger
community
left
large
ibid
state
tennessee
intervened
defend
statute
see
appealed
city
filed
petition
certiorari
noted
probable
jurisdiction
appeal
granted
petition
ii
whenever
officer
restrains
freedom
person
walk
away
seized
person
always
clear
minimal
police
interference
becomes
seizure
see
mendenhall
question
apprehension
use
deadly
force
seizure
subject
reasonableness
requirement
fourth
amendment
police
officer
may
arrest
person
probable
cause
believe
person
committed
crime
watson
petitioners
appellant
argue
requirement
satisfied
fourth
amendment
nothing
say
seizure
made
submission
ignores
many
cases
balancing
extent
intrusion
need
examined
reasonableness
manner
search
seizure
conducted
determine
constitutionality
seizure
must
balance
nature
quality
intrusion
individual
fourth
amendment
interests
importance
governmental
interests
alleged
justify
intrusion
place
see
delaware
prouse
described
balancing
competing
interests
key
principle
fourth
amendment
michigan
summers
see
also
camara
municipal
one
factors
extent
intrusion
plain
reasonableness
depends
seizure
made
also
carried
ortiz
terry
ohio
applying
principles
particular
facts
held
governmental
interests
support
lengthy
detention
luggage
place
supra
airport
seizure
carefully
tailored
underlying
justification
florida
royer
plurality
opinion
surgery
general
anesthesia
obtain
evidence
winston
lee
detention
fingerprinting
without
probable
cause
davis
mississippi
hayes
florida
hand
approach
upheld
taking
fingernail
scrapings
suspect
cupp
murphy
unannounced
entry
home
prevent
destruction
evidence
ker
california
administrative
housing
inspections
without
probable
cause
believe
code
violation
found
camara
municipal
supra
blood
test
suspect
schmerber
california
cases
question
whether
totality
circumstances
justified
particular
sort
search
seizure
balancing
process
applied
cases
cited
demonstrates
notwithstanding
probable
cause
seize
suspect
officer
may
always
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intrusiveness
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means
deadly
force
unmatched
suspect
fundamental
interest
life
need
elaborated
upon
use
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force
also
frustrates
interest
individual
society
judicial
determination
guilt
punishment
interests
ranged
governmental
interests
effective
law
enforcement
argued
overall
violence
reduced
encouraging
peaceful
submission
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know
may
shot
flee
effectiveness
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arrests
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resort
deadly
force
least
meaningful
threat
thereof
able
arrest
individuals
condition
precedent
state
entire
system
law
enforcement
brief
petitioners
without
way
disparaging
importance
goals
convinced
use
deadly
force
sufficiently
productive
means
accomplishing
justify
killing
nonviolent
suspects
cf
delaware
prouse
supra
use
deadly
force
way
apprehending
suspect
setting
criminal
justice
mechanism
motion
successful
guarantees
mechanism
set
motion
meaningful
threat
deadly
force
might
thought
lead
arrest
live
suspects
discouraging
escape
attempts
presently
available
evidence
support
thesis
fact
majority
police
departments
country
forbidden
use
deadly
force
nonviolent
suspects
see
infra
charged
enforcement
criminal
law
abjured
use
deadly
force
arresting
nondangerous
felons
substantial
basis
doubting
use
force
essential
attribute
arrest
power
felony
cases
see
schumann
mcginn
rogosheske
dissenting
part
petitioners
appellant
persuaded
us
shooting
nondangerous
fleeing
suspects
vital
outweigh
suspect
interest
life
use
deadly
force
prevent
escape
felony
suspects
whatever
circumstances
constitutionally
unreasonable
better
felony
suspects
die
escape
suspect
poses
immediate
threat
officer
threat
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harm
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apprehend
justify
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force
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fact
police
arrive
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afoot
always
justify
killing
suspect
police
officer
may
seize
unarmed
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suspect
shooting
dead
tennessee
statute
unconstitutional
insofar
authorizes
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deadly
force
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suspects
however
unconstitutional
face
officer
probable
cause
believe
suspect
poses
threat
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physical
harm
either
officer
others
constitutionally
unreasonable
prevent
escape
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deadly
force
thus
suspect
threatens
officer
weapon
probable
cause
believe
committed
crime
involving
infliction
threatened
infliction
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physical
harm
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force
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given
applied
circumstances
tennessee
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pass
constitutional
muster
iii
insisted
fourth
amendment
must
construed
light
rule
allowed
use
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force
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felon
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stated
hale
posthumously
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pleas
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persons
pursued
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suspicion
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shall
yield
officers
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upon
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otherwise
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felony
hale
historia
placitorum
coronae
state
city
argue
prevailing
rule
time
adoption
fourth
amendment
time
thereafter
still
force
use
deadly
force
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felon
must
reasonable
true
often
looked
common
law
evaluating
reasonableness
fourth
amendment
purposes
police
activity
see
watson
gerstein
pugh
carroll
hand
simply
frozen
constitutional
law
law
enforcement
practices
existed
time
fourth
amendment
passage
payton
new
york
sweeping
change
legal
technological
context
reliance
rule
case
mistaken
literalism
ignores
purposes
historical
inquiry
pointed
many
times
rule
best
understood
light
fact
arose
time
virtually
felonies
punishable
death
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effected
without
protections
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trial
conviction
killing
resisting
fleeing
felon
resulted
greater
consequences
authorized
punishment
felony
individual
charged
suspected
american
law
institute
model
penal
code
comment
tentative
draft
hereinafter
model
penal
code
comment
courts
also
justified
rule
emphasizing
relative
dangerousness
felons
see
schumann
mcginn
holloway
moser
supra
neither
justifications
makes
sense
today
almost
crimes
formerly
punishable
death
longer
see
enmund
florida
coker
georgia
earlier
times
gulf
felonies
minor
offences
broad
deep
pollock
maitland
carroll
supra
today
distinction
minor
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law
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wilgus
changes
undermined
concept
questionable
begin
use
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force
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merely
speedier
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made
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translated
present
day
rule
developed
time
weapons
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inflicted
almost
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officer
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handguns
carried
police
officers
latter
half
last
century
kennett
anderson
gun
america
become
possible
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force
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means
apprehension
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standard
articulation
rule
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harsher
consequences
past
centuries
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wechsler
michael
rationale
law
homicide
colum
rev
one
aspect
rule
bears
emphasis
forbids
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condemning
action
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holloway
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state
smith
iowa
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generally
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tennessee
rule
pure
face
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rule
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almost
beyond
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procedures
fourth
amendment
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prevailing
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rules
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model
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eighteen
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allow
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varying
language
use
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felony
involving
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deadly
force
escaping
deadly
weapon
likely
endanger
life
inflict
serious
physical
injury
arrested
louisiana
vermont
though
without
statutes
case
law
point
forbid
use
deadly
force
prevent
violent
felonies
remaining
either
relevant
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law
positions
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said
constant
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away
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recent
years
reviewed
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away
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force
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half
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evident
impressive
viewed
light
policies
adopted
police
departments
overwhelmingly
restrictive
rule
milton
halleck
lardner
abrecht
police
use
deadly
force
federal
bureau
investigation
new
york
city
police
department
example
forbid
use
firearms
except
necessary
prevent
death
grievous
bodily
harm
app
accreditation
commission
accreditation
law
enforcement
agencies
department
must
restrict
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force
situations
officer
reasonably
believes
action
defense
human
life
defense
person
immediate
danger
serious
physical
injury
commission
accreditation
law
enforcement
agencies
standards
law
enforcement
agencies
italics
deleted
study
reported
police
department
regulations
majority
large
cities
allowed
firing
weapon
felon
presented
threat
death
serious
bodily
harm
boston
police
department
planning
research
division
use
deadly
force
boston
police
personnel
cited
mattis
schnarr
vacated
moot
sub
nom
ashcroft
mattis
overall
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municipal
policies
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permit
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matulia
balance
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report
international
association
chiefs
police
table
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standing
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amici
note
fter
extensive
research
consideration
concluded
laws
permitting
police
officers
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deadly
force
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suspects
actually
protect
citizens
law
enforcement
officers
deter
crime
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problems
caused
crime
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ability
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enforcement
agencies
submission
obvious
state
interests
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sufficiently
served
warrant
use
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see
supra
agree
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terry
ohio
indication
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nn
supra
standard
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district
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hymon
justified
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garner
state
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armed
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shooting
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cause
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post
agree
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classifies
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rather
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crime
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federal
bureau
investigation
uniform
crime
reports
crime
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fact
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justice
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household
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also
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individual
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memphis
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monell
new
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city
dept
social
services
left
remand
hold
statute
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explicitly
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dissent
relies
report
president
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law
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justice
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proposed
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use
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president
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law
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force
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notes
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wisconsin
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department
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project
dissent
points
rapes
home
home
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home
assaults
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suspect
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justice
chief
justice
justice
rehnquist
join
dissenting
today
holds
fourth
amendment
prohibits
police
officer
using
deadly
force
last
resort
apprehend
criminal
suspect
refuses
halt
fleeing
scene
nighttime
burglary
conclusion
rests
majority
balancing
interests
suspect
public
interest
effective
law
enforcement
ante
notwithstanding
venerable
rule
authorizing
use
deadly
force
necessary
apprehend
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felon
continued
acceptance
rule
nearly
half
ante
majority
concludes
tennessee
statute
unconstitutional
inasmuch
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use
force
apprehend
burglary
suspect
obviously
armed
otherwise
dangerous
although
circumstances
case
unquestionably
tragic
unfortunate
constitutional
holdings
must
sensitive
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fourth
amendment
general
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reasoning
disregarding
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residential
burglaries
longstanding
practice
many
effectively
creates
fourth
amendment
right
allowing
burglary
suspect
flee
unimpeded
police
officer
probable
cause
arrest
ordered
suspect
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means
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firing
weapon
prevent
escape
believe
fourth
amendment
supports
right
accordingly
dissent
facts
warrant
brief
review
highlight
difficult
decisions
police
officers
must
make
circumstances
memphis
police
officers
elton
hymon
leslie
wright
responded
call
burglary
progress
private
residence
officers
arrived
scene
caller
said
breaking
house
next
door
app
officers
found
residence
forcibly
entered
window
saw
lights
inside
house
officer
hymon
testified
saw
broken
window
realized
something
wrong
inside
determine
whether
anyone
either
burglar
member
household
within
residence
officer
hymon
walked
behind
house
heard
door
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saw
edward
eugene
garner
run
away
house
dark
cluttered
backyard
garner
crouched
next
fence
officer
hymon
thought
garner
adult
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whether
garner
armed
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idea
hand
see
might
person
fact
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years
old
unarmed
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also
know
whether
accomplices
remained
inside
house
officer
identified
police
officer
ordered
garner
halt
garner
paused
briefly
sprang
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fence
believing
garner
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climbed
fence
hymon
fired
revolver
mortally
wounded
suspected
burglar
deceased
father
filed
action
federal
hymon
city
memphis
defendants
asserted
violations
garner
constitutional
rights
district
western
district
tennessee
held
officer
hymon
actions
justified
tennessee
statute
authorizes
police
officer
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necessary
means
effect
arrest
notice
intention
arrest
defendant
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code
ann
construed
tennessee
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statute
allows
use
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force
police
officer
probable
cause
believe
person
committed
felony
officer
warns
person
intends
arrest
officer
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believes
means
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force
prevent
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johnson
state
district
held
tennessee
statute
constitutional
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actions
authorized
statute
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circuit
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grounds
tennessee
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authorizing
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amendment
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ground
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tennessee
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face
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whether
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hymon
circumstances
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majority
assertion
police
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suspect
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relevance
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presented
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use
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escape
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whatever
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whether
constitution
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arrest
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nighttime
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ii
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amendment
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agree
officer
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shooting
whether
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amendment
requires
careful
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public
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crime
prevention
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upon
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interests
individual
place
striking
balance
crucial
acknowledge
police
use
deadly
force
apprehend
fleeing
criminal
suspect
falls
within
rubric
police
conduct
necessarily
involving
swift
action
predicated
upon
observations
officer
beat
terry
ohio
clarity
hindsight
provide
standard
judging
reasonableness
police
decisions
made
uncertain
often
dangerous
circumstances
moreover
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reluctant
conclude
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amendment
proscribes
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bill
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support
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state
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fourth
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impose
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adopted
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carroll
cf
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impressive
historical
pedigree
statute
challenged
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amendment
public
interest
involved
use
deadly
force
last
resort
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suspect
relates
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serious
nature
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household
burglaries
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illegal
entry
person
home
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pos
real
risk
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harm
others
solem
helm
burger
dissenting
according
recent
department
justice
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rapes
home
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third
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bulletin
household
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million
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victims
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consolation
majority
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assertion
burglaries
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involve
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moreover
even
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burglary
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retrospect
involve
physical
harm
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harsh
potentialities
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inherent
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entry
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innocuous
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solem
helm
supra
burger
dissenting
see
also
restatement
torts
comment
burglary
among
felonies
normally
cause
threaten
death
serious
bodily
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perkins
boyce
criminal
law
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burglary
dangerous
felony
creates
unreasonable
risk
great
personal
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serious
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public
interest
prevention
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compelling
importance
police
officer
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arrest
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use
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subsequent
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substitute
immediate
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suspect
scene
see
president
commission
law
enforcement
administration
justice
task
force
report
challenge
crime
free
society
indeed
captain
memphis
police
department
testified
city
apprehension
immediate
likely
suspect
caught
app
although
law
enforcement
agencies
may
choose
assume
risk
criminal
remain
large
tennessee
statute
reflects
legislative
determination
use
deadly
force
prescribed
circumstances
serve
generally
protect
public
statutes
assist
police
apprehending
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perpetrators
serious
crimes
provide
notice
lawful
police
order
stop
submit
arrest
may
ignored
impunity
see
wiley
memphis
police
department
cert
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jones
marshall
unconvincingly
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general
deterrence
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presently
available
evidence
support
thesis
threat
force
discourages
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force
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ante
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police
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arguable
many
individual
police
departments
decided
authorize
circumstances
similar
presented
go
without
saying
effectiveness
popularity
particular
police
practice
determine
constitutionality
cf
spaziano
florida
eighth
amendment
violated
every
time
state
reaches
conclusion
different
majority
sisters
best
administer
criminal
laws
moreover
fact
police
conduct
pursuant
state
statute
challenged
constitutional
grounds
impose
burden
state
produce
social
science
statistics
dispel
possible
doubts
necessity
conduct
observation
believe
particular
force
challenged
practice
predates
enactment
bill
rights
continues
accepted
substantial
number
strong
public
interests
justifying
conduct
issue
must
weighed
individual
interests
implicated
use
deadly
force
police
officers
majority
declares
suspect
fundamental
interest
life
need
elaborated
upon
ante
blithe
assertion
hardly
provides
adequate
substitute
majority
failure
acknowledge
distinctive
manner
suspect
interest
life
even
exposed
risk
purposes
case
must
recall
police
officer
course
investigating
nighttime
burglary
reasonable
cause
arrest
suspect
ordered
halt
officer
use
force
resulted
suspected
burglar
refused
heed
command
officer
reasonably
believed
means
short
firing
weapon
apprehend
suspect
without
questioning
importance
person
interest
life
think
interest
encompasses
right
flee
unimpeded
scene
burglary
cf
payton
new
york
white
dissenting
policeman
hands
tied
merely
possibility
suspect
fail
cooperate
legitimate
actions
law
enforcement
personnel
legitimate
interests
suspect
circumstances
adequately
accommodated
tennessee
statute
avoid
use
deadly
force
consequent
risk
life
suspect
need
merely
obey
valid
order
halt
proper
balancing
interests
involved
suggests
use
deadly
force
last
resort
apprehend
criminal
suspect
fleeing
scene
nighttime
burglary
unreasonable
within
meaning
fourth
amendment
admittedly
events
giving
rise
case
retrospect
deeply
regrettable
one
view
death
unarmed
apparently
nonviolent
without
sorrow
much
less
disapproval
nonetheless
reasonableness
officer
hymon
conduct
purposes
fourth
amendment
evaluated
later
appears
preferable
course
police
action
officer
pursued
suspect
darkened
backyard
house
indications
burglarized
police
officer
certain
whether
suspect
alone
unarmed
know
transpired
inside
house
ordered
suspect
halt
suspect
refused
obey
attempted
flee
night
officer
fired
weapon
prevent
escape
reasonableness
action
purposes
fourth
amendment
determined
unfortunate
nature
particular
case
instead
question
whether
constitutionally
impermissible
police
officers
last
resort
shoot
burglary
suspect
fleeing
scene
crime
reject
fourth
amendment
reasoning
majority
appeals
briefly
note
constitutional
provision
supports
decision
addition
fourth
amendment
claim
also
alleged
violations
due
process
sixth
amendment
right
trial
jury
eighth
amendment
proscription
cruel
unusual
punishment
arguments
rejected
district
except
due
process
claim
addressed
appeals
respect
due
process
appeals
reasoned
statutes
affecting
fundamental
interest
life
must
narrowly
drawn
express
legitimate
state
interests
stake
appeals
concluded
statute
allowing
police
use
deadly
force
narrowly
drawn
therefore
constitutional
use
force
limited
situations
suspect
poses
immediate
threat
others
whatever
validity
tennessee
statute
contexts
agree
application
case
resulted
deprivation
without
due
process
law
cf
baker
mccollan
believe
criminal
suspect
shot
trying
avoid
apprehension
cognizable
claim
deprivation
sixth
amendment
right
trial
jury
see
cunningham
ellington
supp
wd
finally
indication
use
deadly
force
intended
punish
rather
capture
suspect
valid
claim
eighth
amendment
see
bell
wolfish
accordingly
conclude
district
properly
entered
judgment
reverse
decision
appeals
iii
even
agreed
fourth
amendment
violated
circumstances
case
unable
join
opinion
holds
deadly
force
may
used
suspect
threatens
officer
weapon
probable
cause
believe
committed
crime
involving
infliction
threatened
infliction
serious
physical
harm
ante
ignores
general
implications
reasoning
relying
fourth
amendment
majority
asserts
constitutionally
unreasonable
use
deadly
force
fleeing
criminal
suspects
appear
pose
threat
serious
physical
harm
others
ibid
declining
limit
holding
use
firearms
unnecessarily
implies
fourth
amendment
constrains
use
police
practice
potentially
lethal
matter
remote
risk
cf
los
angeles
lyons
although
unclear
language
opinion
assume
majority
intends
word
use
include
circumstances
suspect
actually
apprehended
absent
apprehension
suspect
seizure
fourth
amendment
purposes
doubt
intends
allow
criminal
suspects
successfully
escape
return
later
claims
officers
used
albeit
unsuccessfully
deadly
force
futile
attempt
capture
fleeing
suspect
opinion
despite
broad
language
actually
decides
shooting
fleeing
burglary
suspect
fact
neither
armed
dangerous
support
action
silence
critical
factors
decision
use
deadly
force
simply
invites
difficult
police
decisions
must
made
quickly
trying
circumstances
cf
payton
new
york
white
dissenting
police
given
guidance
determining
objects
among
array
potentially
lethal
weapons
ranging
guns
knives
baseball
bats
rope
justify
use
deadly
force
also
declines
outline
additional
factors
necessary
provide
probable
cause
believing
suspect
poses
significant
threat
death
serious
physical
injury
ante
officer
probable
cause
arrest
suspect
refuses
obey
order
halt
even
appropriate
case
limit
use
deadly
force
ambiguous
class
suspects
believe
class
include
nighttime
residential
burglars
resist
arrest
attempting
flee
scene
crime
expect
escalating
volume
litigation
lower
courts
struggle
determine
police
officer
decision
shoot
justified
danger
posed
particular
object
facts
related
crime
thus
majority
opinion
portends
burgeoning
area
fourth
amendment
doctrine
concerning
circumstances
police
officers
reasonably
employ
deadly
force
iv
opinion
sweeps
broadly
adopt
entirely
new
standard
constitutionality
use
deadly
force
apprehend
fleeing
felons
thus
lightly
brushe
aside
payton
new
york
supra
longstanding
police
practice
predates
fourth
amendment
continues
receive
approval
nearly
half
state
legislatures
accept
majority
creation
constitutional
right
flight
burglary
suspects
seeking
avoid
capture
scene
crime
whatever
constitutional
limits
police
use
deadly
force
order
apprehend
fleeing
felon
believe
exceeded
case
police
officer
probable
cause
arrest
suspect
scene
residential
burglary
orders
suspect
halt
fires
weapon
last
resort
prevent
suspect
escape
night
respectfully
dissent