MCOLES State Licensing Practice Exam

What does the ruling in Tennessee v. Gardner state regarding fleeing felons?

1. They can be shot if they are dangerous

2. They can't be shot if they are fleeing

3. They may be apprehended if they are unarmed

4. They can be pursued regardless of the situation

The correct answer is: They can't be shot if they are fleeing

The ruling in Tennessee v. Gardner established important guidelines regarding the use of deadly force against fleeing felons. The key takeaway from this case is that law enforcement officers cannot use deadly force against a suspect simply for fleeing, unless the officer has reason to believe that the suspect poses an immediate threat of serious injury or death to the officer or others. This means that if a fleeing suspect is not presenting a danger at that moment, law enforcement does not have the legal right to use deadly force. This ruling emphasizes the principle that potential threats must be evaluated carefully and underscores the importance of assessing the situation before deciding to use lethal measures. The precedent set by this case aims to protect the rights of individuals against excessive force and ensures that the use of deadly force is justified only in specific circumstances where an immediate threat is present.