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In Tennessee v. Garner (1985), the Supreme Court ruled that
shooting a fl eeing suspect violates the suspect’s rights. The court
deemed the Tennessee law unconstitutional and established an
important principle: that police offi cers can only use deadly force
when the offi cer “has probable cause to believe that the suspect
poses a signifi cant threat of death or serious physical injury to the
offi cer or others.” 3
The Garner case marked the fi rst time that the Supreme Court
considered how and when police are permitted to use deadly
force. Although subsequent cases have clarifi ed this issue, the
standard established by Garner has been applied to every recent
case involving police brutality.

When Police Use Force

Police departments are responsible for enforcing laws, maintain-
ing order, and keeping the public safe. When laws are violated,
offi cers are charged with investigating criminal activity and appre-
hending the perpetrators. Because police work can be danger-
ous, law enforcement offi cers are authorized to carry weapons
and to use force when necessary to ensure that lawbreakers do
not endanger others.
Federal, state, and local governments pass statutes that regu-
late the use of force by offi cers under their jurisdiction. State and
local laws must meet the standards set by Tennessee v. Garner as
well as other Supreme Court cases that protect the rights of people
who are accused of criminal activity. In the landmark case Graham
v. Connor (1989), the Supreme Court acknowledged that “the right
to make an arrest or investigatory stop necessarily carries with it
the right to use some degree of physical coercion or threat.” But
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the court also ruled that police offi cers must use only the minimum
level of force required to make an arrest or end a dangerous situa-
tion. Guided by the Graham decision, state and local statutes allow
police offi cers to take an escalating series of actions, as the situa-
tion warrants, to maintain order. Collectively, this series of actions
has become known as the use of force continuum.

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