Reply #58: the constitutional standard for the use of deadly force is not "hot pursuit" [View All]

Different jurisdictions have different standards for the use of deadly force by law enforcement against suspected, but not convicted, felons. "Hot pursuit" is not a prerequisite in many of them.


The constitutional standard, as set forth in Tennessee v. Garner permits the use of deadly force where necessary to prevent the escape of a suspected felon and law enforcement has probable cause to believe that the suspect poses a significant threat of death or serious physical injury and a warning has been give "if feasible".



Under the Model Penal Code, the use of deadly force by law enforcement personnel charged with apprehending a suspected felon is authorized if the person is suspected of a felony, the law enforcement officer believes that the force employed creates no substantial risk of injury to innocent persons; and the felony that the suspect is being apprehended for involved the use or threatened use of deadly force, OR there is a substantial risk that the person will cause death or serious bodily injury if his apprehension is delayed.