MBE Rules · Criminal Procedure
Deadly Force in Seizures
Tennessee v. Garner
The rule
Deadly force to prevent escape is a Fourth Amendment seizure reasonable only when the suspect poses a significant threat of death or serious injury to officers or others.
In plain English
The use of deadly force by law enforcement during a seizure is only justified if the suspect poses a serious threat of death or significant injury to officers or others. This rule is rooted in the Fourth Amendment, which protects against unreasonable seizures.
Worked example
During a police chase, an armed suspect threatens officers with a gun and attempts to flee. The officers, fearing for their lives and the safety of nearby civilians, use deadly force to stop the suspect. The use of deadly force is deemed reasonable under the Fourth Amendment due to the immediate threat posed by the suspect.
Memory hook
Deadly force is a last resort when lives are at stake.
The trap
Exams often present scenarios where the suspect's actions are ambiguous, leading students to misinterpret the level of threat. Students might confuse mere flight with a significant threat to justify the use of deadly force.
How examiners test it
Questions typically involve a fact pattern where a suspect is fleeing or resisting arrest, requiring candidates to assess the level of threat posed to determine if deadly force was justified.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.