Petition of the day
on Sep 9, 2015 at 11:00 pm
The petition of the day is:
Issue: (1) Whether the Fourth Amendment’s reasonableness standard requires that a suspect threaten a police officer with a weapon before the police officer can use deadly force to apprehend the suspect, or whether Tennessee v. Garner allows a police officer to use deadly force to prevent the suspect’s escape if based on the totality of the circumstances, the officer has probable cause to believe the suspect poses a threat of serious physical harm to the officer or others, and where feasible some warning has been given; (2) whether Tennessee v. Garner defeats a police officer’s entitlement to qualified immunity by providing fair and clear warning that it is unreasonable under the Fourth Amendment for a police officer to use deadly force to apprehend a fleeing suspect where the officer has probable cause to believe the suspect has just committed a crime involving the infliction or threatened infliction of serious physical harm, if after the shooting it is discovered the suspect was unarmed.
