Saturday, August 23, 2014

Gardner v Tennessee: The evolving standard of when Police Can Use Deadly Force

This case represents the landmark modern precedent on when a police officer or officers
can use deadly force. 

The background of the case and how it arose is important to understand the precedent that was created.  No "fleeing felon" can be shot dead just because he or she had committed a felony
and its important to note, this was a critical bright light standard applied for the past 30 years
although some courts and many police have tried to manipulate the standard into a lower
level of when they can use their discretion.