# Are the police allowed to shoot a fleeing suspect? What is the court's position? **URL:** \ **Category:** Factual Questions\ **Created:** [April 8, 2015, 4:06pm UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132 "2015-04-08T16:06:49Z")\ **Posts on this page:** 15\ **Page:** 1
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [April 8, 2015, 4:06pm UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/1 "2015-04-08T16:06:49Z")
I realize this can be quite controversial. I was very surprised to learn many years ago that police shoot fleeing suspects. But, I have seen this come up over and over again in news reports. Somebody takes off running and instead of chasing on foot, the cop shoots. Back then of course it usually wasn’t caught on video. What is the position of the courts? How have they ruled on these cases? Does it matter how many shots are fired? Does it matter what type of crime is involved? For example, if the person is suspected of committing a violent crime vs a non-violent? Is public safety a factor? For example not letting a potential violent criminal escape and commit further crimes. The cop that shot Walter Scott (South Carolina) after a traffic stop has been charged with murder. I’m trying to understand the difference here and the dozens of other cases I’ve heard about over the years. I can recall cases locally where a cop or cops fired at a suspect running away. I’ve always wondered what the court’s position on this is. Please, lets keep this GQ thread focused on court rulings and established police procedure. Open another thread if you want to express police support or public outrage about the case. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [April 8, 2015, 4:15pm UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/2 "2015-04-08T16:15:08Z")
Generally shooting a fleeing suspect is a no-no. In Tennessee v. Garner (1985), the Supreme Court found 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 physical injury to the officer or others. (my bold.) ETA: [Link](http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=471&invol=1). ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [April 8, 2015, 4:15pm UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/3 "2015-04-08T16:15:37Z")
It’s the [Fleeing Felon rule](http://en.wikipedia.org/wiki/Fleeing_felon_rule). Cops can shoot a person who is fleeing a felony if the felon presents a threat of serious physical harm to the cops, or bystanders. I walk into Joe’s Liquors, point a pistol at the cashier, and demand the contents of the register. The cashier refuses. I hit him with the gun, grab some cash, and run. The cops see me fleeing with the gun in my hand. They yell “Freeze! Police!” I take off running. They can shoot me. Usually. IANAL. Regards, Shodan ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [April 8, 2015, 4:16pm UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/4 "2015-04-08T16:16:55Z")
They cannot, of course, (legally) shoot someone who is running away after a traffic stop for a taillight. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [April 8, 2015, 4:20pm UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/5 "2015-04-08T16:20:29Z")
That is basically what I recalled too. That the suspect has to be considered a threat to public safety if they evade capture. I guess where it gets complicated is prior warrants. For example, Traffic stop, the cop runs the person’s name through the computer and the suspect has prior warrants for armed robbery. He takes off running. Is he a threat to public safety? Would he rob a store later if he escapes? ---
**Author:** ![DinoR](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dinor/32/2821_2.png) [@DinoR](https://boards.straightdope.com/u/DinoR)\ **Post date:** [April 8, 2015, 4:45pm UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/6 "2015-04-08T16:45:32Z")
> [@Shodan](#): > > It’s the [Fleeing Felon rule](http://en.wikipedia.org/wiki/Fleeing_felon_rule). Cops can shoot a person who is fleeing a felony if the felon presents a threat of serious physical harm to the cops, or bystanders. You link explicitly mentions the limits placed on the common law rule in the US due to the Supreme Court decision Friedo referenced. You case doesn’t necessarily meet the standard of that decision without discussion of other factors. > [@Procrustus](#): > > They cannot, of course, (legally) shoot someone who is running away after a traffic stop for a taillight. They could… but not JUST for running after a traffic stop It would involve a felony that comes to light or happens after the stop and meets the limits above. ---
**Author:** ![BTM1](https://avatars.discourse-cdn.com/v4/letter/b/9d8465/32.png) [@BTM1](https://boards.straightdope.com/u/BTM1)\ **Post date:** [April 8, 2015, 6:23pm UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/7 "2015-04-08T18:23:18Z")
I think the threat posed needs to be more of an immediate and obvious nature. So for Shodan’s example yes, for aceplace’s example, no. ---
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [April 8, 2015, 7:08pm UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/8 "2015-04-08T19:08:14Z")
Can convicted prisoners escaping from prison, jail or in transit legally be shot, or would it depend on the nature of the offense they were serving time for? ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [April 8, 2015, 8:20pm UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/9 "2015-04-08T20:20:01Z")
> [@aldiboronti](#): > > Can convicted prisoners escaping from prison, jail or in transit legally be shot, or would it depend on the nature of the offense they were serving time for? Only convicted politicians and child molesters. All others should just be detained. ---
**Author:** ![LH75](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lh75/32/4438_2.png) [@LH75](https://boards.straightdope.com/u/LH75)\ **Post date:** [April 8, 2015, 9:04pm UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/10 "2015-04-08T21:04:13Z")
My nephew, who retired after years of being Military Poiice sadi: > [@](#): > > I have plenty of law enforcement experience and can’t imagine ANY reason to shoot someone who is running away from me. Maybe, before the video a scuffle ensued and Mr. Scott attempted to wrestle the officer’s weapon or taser away from him. But we don’t know that. IF a subject attempts to wrestle an officer’s weapon away from him, deadly force would likely be warranted in that moment. But the second a subject stops trying to disarm an officer, or turns and runs away, the immediate threat to the officer’s life is over and the amount of force allowed to gain compliance must be ramped down. As most of my friends on FB know/remember from years of it being drilled into our heads, only the minimum amount of force necessary to control a subject is allowed. SOMETIMES that minimum force can be deadly force if the situation warrants it. This cop should have chased him down and gained control of him. It appears his taser was on the ground, he should have immediately picked it up and pursued Mr. Scott. But what THIS officer did was shoot him 8 times as he ran away. Then the video shows him going back over, picking the taser up and then dropping it near Mr. Scott’s body. In an obvious attempt to cover his ass. Video doesn’t lie. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 9, 2015, 12:03am UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/11 "2015-04-09T00:03:42Z")
> [@aldiboronti](#): > > Can convicted prisoners escaping from prison, jail or in transit legally be shot, or would it depend on the nature of the offense they were serving time for? No, unless they are posing an immediate serious threat to another person. They’ve been sentenced to imprisonment, not death. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [April 9, 2015, 10:17am UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/12 "2015-04-09T10:17:17Z")
> [@Northern\_Piper](#): > > No, unless they are posing an immediate serious threat to another person. They’ve been sentenced to imprisonment, not death. Even if they’ve been sentenced to death, you aren’t the executioner. ---
**Author:** ![jezzaOZ](https://avatars.discourse-cdn.com/v4/letter/j/a9a28c/32.png) [@jezzaOZ](https://boards.straightdope.com/u/jezzaOZ)\ **Post date:** [April 9, 2015, 10:33am UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/13 "2015-04-09T10:33:08Z")
The usual military usage is “Shot while trying to escape” Is shooting an escaping POW permitted while shooting an escaping felon not? ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 9, 2015, 2:29pm UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/14 "2015-04-09T14:29:11Z")
I"m not familiear with military law, but at a guess, I would say it is different. A POW is a former combatant, and cannot be shot summarily by his captors, because he has surrendered. However, a POW who is trying to escape is resuming the role of combatant, as a member of a hostile military, and I could see the argument that is therefore subject to be shot at, just like any other hostile combatant. However, that’s just speculation on my part. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 9, 2015, 3:45pm UTC](https://boards.straightdope.com/t/are-the-police-allowed-to-shoot-a-fleeing-suspect-what-is-the-courts-position/717132/15 "2015-04-09T15:45:33Z")
> [@Northern\_Piper](#): > > I"m not familiear with military law, but at a guess, I would say it is different. > > A POW is a former combatant, and cannot be shot summarily by his captors, because he has surrendered. > > However, a POW who is trying to escape is resuming the role of combatant, as a member of a hostile military, and I could see the argument that is therefore subject to be shot at, just like any other hostile combatant. > > However, that’s just speculation on my part. Sure it’s way different. As long as the enemy soldier is a combatant you can shoot him. And it’s good tactics to shoot him when he isn’t looking or isn’t expecting it. There are exceptions for wounded, surrendering troops and other noncombatants.