Officer Charged With Murder in SC

Can Police Officers Shoot At Fleeing Individuals?
Only in very narrow circumstances. A seminal 1985 Supreme Court case, Tennessee vs. Garner, held that the police may not shoot at a fleeing person unless the officer reasonably believes that the individual poses a significant physical danger to the officer or others in the community. That means officers are expected to take other, less-deadly action during a foot or car pursuit unless the person being chased is seen as an immediate safety risk.

In other words, a police officer who fires at a fleeing man who a moment earlier murdered a convenience store clerk may have reasonable grounds to argue that the shooting was justified. But if that same robber never fired his own weapon, the officer would likely have a much harder argument.

"You don't shoot fleeing felons. You apprehend them unless there are exigent circumstances — emergencies — that require urgent police action to safeguard the community as a whole," said Greg Gilbertson, a police practices expert and criminal justice professor at Centralia College in Washington state.

Gilbertson said he thought the video of the shooting of Walter Scott in North Charleston, South Carolina, was "insane" given what he said was the apparent lack of justification.

Though the legal standard has been established, courts continue to hear cases involving use of force against fleeing felons under a variety of circumstances. Just last year, the Supreme Court sided with Arkansas police officers who were sued over a high-speed, two-state chase that ended with the deaths of the fleeing driver and his passenger.