Under Garner, deadly force may be used to prevent escape if the suspect threatens a weapon and there is probable cause; what additional requirement applies?

Under Garner, deadly force may be used to prevent escape if the suspect threatens a weapon and there is probable cause; what additional requirement applies?

• A. The suspect must be unarmed
• B. Force must be the minimum necessary
• C. Some warning must be given prior to use of force
• D. No warning is required

Answer: (C)

Under Garner, deadly force to prevent escape is allowed when the suspect poses a significant threat and there is probable cause, but there is an additional requirement: a warning must be given prior to using force whenever feasible. This warning gives the suspect a chance to surrender and aligns the use of force with constitutional protections, while still allowing officers to act decisively if giving a warning would put them or others at risk or would otherwise prevent effective apprehension. The option that the suspect must be unarmed, or that force must be the minimum necessary, or that no warning is required do not fit Garner’s emphasis on offering a warning when feasible in armed or dangerous scenarios.

Under Garner, deadly force to prevent escape is allowed when the suspect poses a significant threat and there is probable cause, but there is an additional requirement: a warning must be given prior to using force whenever feasible. This warning gives the suspect a chance to surrender and aligns the use of force with constitutional protections, while still allowing officers to act decisively if giving a warning would put them or others at risk or would otherwise prevent effective apprehension. The option that the suspect must be unarmed, or that force must be the minimum necessary, or that no warning is required do not fit Garner’s emphasis on offering a warning when feasible in armed or dangerous scenarios.