Under Tennessee v. Garner, when may deadly force be used against a fleeing, unarmed suspect?

• A. Always allowed if the suspect flees
• B. Only if the suspect is armed
• C. When the suspect poses a significant threat of death or serious injury and escape must be prevented
• D. Never allowed

Answer: (C)

The main idea tested is the standard for using deadly force on a fleeing suspect. Under this rule, deadly force may be used only if the officer has probable cause to believe the suspect poses a significant threat of death or serious bodily injury to the officer or others, and the use of deadly force is necessary to prevent the suspect’s escape. The fact that the suspect is unarmed does not automatically make deadly force permissible; there must be a real, imminent threat. If there is no significant threat, or if there are safer, nonlethal means to stop and capture the suspect, deadly force is not justified. This is precisely the balance Tennessee v. Garner requires: a substantial threat plus necessity to prevent escape.