In
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, the fleeing felon rule permits the
use of force, including
deadly force
Deadly force, also known as lethal force, is the use of force that is likely to cause serious bodily injury or death to another person. In most jurisdictions, the use of deadly force is justified only under conditions of extreme necessity a ...
, against an individual who is suspected of a
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
and is in clear flight.
U.S. law
Under
U.S. law the fleeing felon rule was limited in 1985 to non-lethal force in most cases by ''
Tennessee v. Garner,'' . The justices held that deadly force "may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily harm to the officer or others."
[Robert C. Ankony, "Sociological and Criminological Theory: Brief of Theorists, Theories, and Terms," ''CFM Research'', Jul. 2012, p.37.]
Fleeing felons may be followed into places not open to the public without a warrant if the officer is in "
hot pursuit
Hot pursuit (also known as fresh or immediate pursuit) is the urgent and direct pursuit of a criminal suspect by peace officer, law enforcement officers, or by belligerents under international rules of engagement for military forces. Such a situa ...
."
Case law
*
Samuel Alito
Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American jurist who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. He was Samuel Alito Supreme Court ...
's memo written while working in the
Solicitor General's office regarding ''Memphis Police v. Garner'', which was the Sixth Circuit appellate case leading to
Tennessee v. Garner. (May 18, 1984) (PDF)
*''People v. Couch'' (1990) in the
Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the s ...
held that ''Tennessee v. Garner'' was
# civil rather than criminal action;
# did not affect Michigan's Fleeing Felon Rule; and
# that a citizen may use
deadly force
Deadly force, also known as lethal force, is the use of force that is likely to cause serious bodily injury or death to another person. In most jurisdictions, the use of deadly force is justified only under conditions of extreme necessity a ...
when restraining a fleeing felon in a criminal matter.
*''State v. Weddell'',
[{{cite court
, litigants =
, vol = 118
, reporter = Nev. Adv. Op. No.
, opinion = 23
, pinpoint =
, court = Supreme Court of the State of Nevada
, date = April 10, 2002
, url=http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=nv&vol=118NevAdvOpNo23&invol=2 ] The
Nevada Supreme Court ruled that a
private citizen may not use deadly force under the common law fleeing felon rule.
See also
*
Deadly force
Deadly force, also known as lethal force, is the use of force that is likely to cause serious bodily injury or death to another person. In most jurisdictions, the use of deadly force is justified only under conditions of extreme necessity a ...
*
Felony murder
*
Fourth Amendment to the United States Constitution
*
Proactive policing
References
Criminal law
Legal doctrines and principles