Fleeing felon rule
Encyclopedia
In Common law
, the Fleeing Felon Rule permits the use of force, including deadly force
, against an individual who is suspected of a felony
and is in clear flight. Force may be used by the victim, bystanders, or police officers. In some jurisprudence failure to use such force was a misdemeanor
which could result in a fine or imprisonment. According to David Caplan "Immediate stopping of the fleeing felon, whether actually or presumably dangerous, was deemed absolutely necessary for the security of the people in a free state, and for maintaining the "public security." ... "
Indeed, it has been said that the social policy of the common law in this matter was not only to threaten dangerous felons and hence deter them, but was also to induce them to "surrender peaceably" if they dared commit inherently dangerous felonies, rather than allow them to "escape trial for their crimes."
, . 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
, , 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)
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, the Fleeing Felon Rule permits the use of force, including deadly force
Deadly force
Deadly force, as defined by the United States Armed Forces, is the force which a person uses, causing—or that a person knows, or should know, would create a substantial risk of causing—death or serious bodily harm...
, against an individual who is suspected of a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
and is in clear flight. Force may be used by the victim, bystanders, or police officers. In some jurisprudence failure to use such force was a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
which could result in a fine or imprisonment. According to David Caplan "Immediate stopping of the fleeing felon, whether actually or presumably dangerous, was deemed absolutely necessary for the security of the people in a free state, and for maintaining the "public security." ... "
Indeed, it has been said that the social policy of the common law in this matter was not only to threaten dangerous felons and hence deter them, but was also to induce them to "surrender peaceably" if they dared commit inherently dangerous felonies, rather than allow them to "escape trial for their crimes."
U.S. Law
Under U.S. law the fleeing felon rule was limited to non-lethal force in most cases by Tennessee v. GarnerTennessee v. Garner
Tennessee v. Garner, 471 U.S. 1 , was a case in which the Supreme Court of the United States held that under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if the officer has probable cause to believe that...
, . 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
Hot pursuit
In law enforcement and international law, hot pursuit can refer to:*An immediate pursuit by the police such as a car chase.*In international treaty law, laws of federal states, or other legal rules governing cross-border police operations when law enforcement officers and agents of one...
." See Warden, Md. Penitentiary v. Hayden
Warden, Md. Penitentiary v. Hayden
Warden v. Hayden, , was a United States Supreme Court case that held that 'mere evidence' may be seized and held as evidence in a trial. This finding reversed previous Supreme Court decisions such as Boyd v...
, , 87 S.Ct. 1642, 18 L.Ed.2d 782.
Deadly force
Deadly force
Deadly force, as defined by the United States Armed Forces, is the force which a person uses, causing—or that a person knows, or should know, would create a substantial risk of causing—death or serious bodily harm...
executed by a co-defendant against an accomplice is not justified by the fleeing felon rule. Campbell v. State (MD, 1982)
Case Law
- Samuel AlitoSamuel AlitoSamuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
's memo written while working in the Solicitor GeneralUnited States Solicitor GeneralThe United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
's office regarding Memphis Police v. Garner which was the Sixth Circuit appellate case leading to Tennessee v. GarnerTennessee v. GarnerTennessee v. Garner, 471 U.S. 1 , was a case in which the Supreme Court of the United States held that under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if the officer has probable cause to believe that...
. (May 18, 1984) (PDF) - People v. Crouch (1990) in the Michigan Supreme Court held that Tennessee v. Garner was
- civil rather than criminal action;
- did not affect Michigan's Fleeing Felon Rule; and
- that a citizen may use deadly forceDeadly forceDeadly force, as defined by the United States Armed Forces, is the force which a person uses, causing—or that a person knows, or should know, would create a substantial risk of causing—death or serious bodily harm...
when restraining a fleeing felon in a criminal matter.- State v. Weddell, The Nevada Supreme Court ruled that a private citizen may not use deadly force under the common law fleeing felon rule.
See also
- Deadly forceDeadly forceDeadly force, as defined by the United States Armed Forces, is the force which a person uses, causing—or that a person knows, or should know, would create a substantial risk of causing—death or serious bodily harm...
- Felony murderFelony murderThe rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
- Fourth Amendment to the United States ConstitutionFourth Amendment to the United States ConstitutionThe Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...