DEADLY FORCE

DEADLY FORCE

An amount of force that is likely to cause either serious bodily injury or death to another person.

Police officers may use deadly force in specific circumstances when they are trying to enforce the law. Private citizens may use deadly force in certain circumstances in SELF-DEFENSE. The rules governing the use of deadly force for police officers are different from those for citizens.

During the twelfth century, the COMMON
LAW allowed the police to use deadly force if
they needed it to capture a felony suspect,
regardless of the circumstances. At that time,
felonies were not as common as they are now
and were usually punishable by death. Also, law
officers had a more difficult time capturing sus-
pects because they did not have the technology
and weaponry that are present in today’s world.
In modern times, the courts have restricted the
use of deadly force to certain, dangerous situa-
tions.

In police jargon, deadly force is also referred
to as shoot to kill. The Supreme Court has ruled
that, depending on the circumstances, if an
offender resists arrest, police officers may use as
much force as is reasonably required to overcome
the resistance.Whether the force is reasonable is
determined by the judgment of a reasonable offi-
cer at the scene, rather than by hindsight.
Because police officers can find themselves in
dangerous or rapidly changing situations where
split second decisions are necessary, the judg-
ment of someone at the scene is vital when look-
ing back at the actions of a police officer.

The Supreme Court has defined the “objec-
tive reasonableness” standard as a balance
between the rights of the person being arrested
and the government interests that allow the use
of force. The FOURTH AMENDMENT protects U.S.
citizens from unreasonable searches and
seizures, the category into which an arrest falls.
The Supreme Court has said that a SEARCH AND
SEIZURE is reasonable if it is based on PROBABLE
CAUSE and if it does not unreasonably intrude
on the rights and privacy of the individual. This
standard does not question a police officer’s
intent or motivation for using deadly force dur-
ing an arrest; it only looks at the situation as it
has happened.

For deadly force to be constitutional when
an arrest is taking place, it must be the reason-
able choice under all the circumstances at the
time. Therefore, deadly force should be looked
at as an option that is used when it is believed
that no other action will succeed. The MODEL
PENAL CODE, although not adopted in all states,
restricts police action regarding deadly force.
According to the code, officers should not use
deadly force unless the action will not endanger
innocent bystanders, the suspect used deadly
force in committing the crime, or the officers
believe a delay in arrest may result in injury or
death to other people.

Circumstances that are taken into consideration are the severity of the offense, how much of a threat the suspect poses, and the suspect’s attempts to resist or flee the police officer. When arresting someone for a misdemeanor, the police
have the right to shoot the alleged offender only
in self-defense. If an officer shoots a suspect
accused of a misdemeanor for a reason other
than self-defense, the officer can be held liable
for criminal charges and damages for injuries to
the suspect. This standard was demonstrated in
the Iowa case of Klinkel v. Saddler, 211 Iowa 368,
233 N.W. 538 (1930), where a sheriff faced a
WRONGFUL DEATH lawsuit because he had killed
a misdemeanor suspect during an arrest. The
sheriff said he had used deadly force to defend
himself, and the court ruled in his favor.
When police officers are arresting someone
for a felony, the courts have given them a little
more leeway. The police may use all the force
that is necessary to overcome resistance, even if
that means killing the person they are trying to
arrest. However, if it is proved that an officer
used more force than was necessary, the officer
can be held criminally and civilly liable. In Tennessee
v. Garner, 471 U.S. 1, 105 S. Ct. 1694, 85 L.
Ed. 2d 1 (1985), the Supreme Court ruled that it
is a violation of the Fourth Amendment for
police officers to use deadly force to stop fleeing
felony suspects who are nonviolent and
unarmed. The decision, with an opinion written
by Justice BYRON R. WHITE, said, in part, “We
conclude that such force may not be used unless
it is necessary to prevent the escape and the officer
has probable cause to believe that the suspect
poses a significant threat of death or serious
physical injury to the officer or others.”
When deadly force is used by a private citizen,
the reasonableness rule does not apply. The
citizen must be able to prove that a felony
occurred or was being attempted, and that the
felony threatened death or bodily harm. Mere
suspicion of a felony is considered an insufficient
ground for a private citizen to use deadly
force.
This was demonstrated in the Michigan case
of People v. Couch, 436 Mich. 414, 461 N.W.2d
683 (1990), where the defendant shot and killed
a suspected felon who was fleeing the scene of
the crime. The Michigan supreme court ruled
that Archie L. Couch did not have the right to
use deadly force against the suspected felon
because the suspect did not pose a threat of
injury or death to Couch.
FURTHER READINGS
Griffin, Thomas J. 1971. “Private Person’s Authority, in Making
Arrest for Felony, to Shoot or Kill Alleged Felon.”
American Law Reports 3d 32:1078.
Hatch, David E. 2003. Officer-Involved Shootings and Use of
Force: Practical Investigative Techniques. Boca Raton,
Fla.: CRC Press.
McGuinness, J. Michael. 2000. “Shootings by Police Officers
Are Analyzed Under Standards Based on Objective Reasonableness.”
New York State Bar Association Journal 72
(September): 17.
Owens,Michael Douglas. 2001. “The Inherent Constitutionality
of the Police Use of Deadly Force to Stop Dangerous
Pursuits.” Mercer Law Review 52 (summer): 1599–
1643.
Pearson, James O., Jr. 1978. “Modern Status: Right of Peace
Officer to Use Deadly Force in Attempting to Arrest
Fleeing Felon.” American Law Reports 3d 83:174.
—. 1978. “Peace Officer’s Civil Liability for Death or
Personal Injuries Caused by Intentional Force in Arresting
Misdemeanant.” American Law Reports 3d 83:238.
Sullivan, G. Russell. 1985. “Constitutional Law—Deadly
Force and the Fourth Amendment: Tennessee v. Garner.”
Suffolk Univ. Law Review 20.