Fleeing Felon Rule - U.S. Law

U.S. Law

Under U.S. law the fleeing felon rule was limited to non-lethal force in most cases by Tennessee v. Garner, 471 U.S. 1 (1985). The justices held 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."

Fleeing felons may be followed into places not open to the public without a warrant if the officer is in "hot pursuit." See Warden, Md. Penitentiary v. Hayden (1967), 87 S.Ct. 1642, 18 L.Ed.2d 782.

Deadly force executed by a co-defendant against an accomplice is not justified by the fleeing felon rule. Campbell v. State (MD, 1982)

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