Page 69 - North Carolina 2020 Legal Guide

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