Page 69 - North Carolina 2020 Legal Guide
P. 69

Task: Deadly Force






          Tennessee v. Garner, 471 U.S. 1 (1985).


                        All uses of Deadly Force must be objectively reasonable based upon
          the totality of circumstances surrounding its use.


                        Objective Reasonableness is satisfied where:

          •Suspect poses an immediate threat of serious bodily harm or death to officer

          or some other person who is present. OR;

          •Officer has probable cause to believe that the suspect has committed a violent

          felony involving the infliction or threatened infliction of serious bodily harm or
          death. And,


          • By his or her escape poses an imminent danger of serious bodily harm or
          death to others. (It is noted that this last provision has been generally added by

          law enforcement agencies-though the Supreme Court assumed danger to the

          community at large based on prior Act).

          •Warning should be given where possible.








                                     ©2020 Jack Ryan  Legal & Liability Risk Management Institute                                    68
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