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When Can Police Use Lethal Force Against a Fleeing Suspect?

Published

11 years ago

April 9, 2015

In this April 4, 2015, frame from video provided by Attorney L. Chris Stewart representing the family of Walter Lamer Scott, Scott appears to be running away from City Patrolman Michael Thomas Slager, right, in North Charleston, S.C. Slager was charged with murder Tuesday, hours after law enforcement officials viewed the dramatic video that appears to show Slager shooting a fleeing Scott several times in the back. (AP Photo/Courtesy of L. Chris Stewart)

ERIC TUCKER, Associated Press

WASHINGTON (AP) — The law gives police officers latitude to use deadly force when they feel physically endangered, but there’s far less legal flexibility when it comes to opening fire at fleeing individuals. Here’s a look at legal issues raised by Saturday’s police shooting in South Carolina in which video recorded by a bystander shows a black man being shot in the back and killed as he runs away.

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IS THERE A FEDERAL LEGAL STANDARD TO JUDGE THE APPROPRIATENESS OF POLICE USE OF FORCE?

Yes. The Supreme Court held in a 1989 case, Graham v. Connor, that the appropriateness of use of force by officers “must be judged from the perspective of a reasonable officer on the scene,” rather than evaluated through 20/20 hindsight.

That standard is designed to take into account that police officers are frequently asked to make split-second decisions during fast-evolving confrontations, and should not be subject to overly harsh second guessing. The Justice Department cited that legal threshold last month when it declined to prosecute former Ferguson, Missouri police officer Darren Wilson in the shooting death last summer of an unarmed black 18-year-old.

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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.

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IN CASES WHERE POLICE OFFICERS ARE NOT SUPPOSED TO USE DEADLY FORCE AGAINST A FLEEING PERSON, WHAT SHOULD THEY DO?

Each case involving a suspect who flees the police, whether in a car or on foot, poses a balancing test for an officer, said Chuck Drago, a police practices expert and former Oviedo, Florida, police chief.

“Am I creating more of a danger by chasing this person than if I let this person stay at large?” Drago said. “Especially in a vehicle pursuit, is it worth risking everyone on the road to catch this guy?”

In a pursuit on foot, the more reasonable option might be to call for backup, including perhaps with a police dog, so that other officers can set up a perimeter and trap the suspect, Drago said.

In the South Carolina case, the former lawyer for the North Charleston officer, Michael Thomas Slager, said Monday that Slager felt threatened and had fired because Scott was trying to grab his stun gun — an older model that would have had to have been manually reloaded. But if in fact the stun gun was on the ground at the time Scott fled, Drago said, then “there is no longer a threat. The threat is gone.”

There’s also no indication on the video that the officer shouted any instructions after the physical encounter between the men.

Slager, a five-year veteran of the police force, has been fired.

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IS THERE A ROLE FOR FEDERAL INVOLVEMENT IN THE INVESTIGATION?

The FBI and the department’s Civil Rights Division are working together to examine the case. Though the officer faces a state murder charge in South Carolina, the federal government will be looking at the shooting for potential civil rights violations.

That means federal agents and prosecutors will look to establish that the officer willfully deprived Scott of his civil rights and used more force than the law allowed.

The Justice Department often investigates police use of force, though not all investigations result in prosecution. In some cases, such as in the 1991 beating of Rodney King in Los Angeles, federal prosecutors have moved forward either with their own investigation or prosecution after the conclusion of a state case.

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Follow Eric Tucker on Twitter at http://www.twitter.com/etuckerAP

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Oakland Post: Week of December 31, 2025 – January 6, 2026

The printed Weekly Edition of the Oakland Post: Week of – December 31, 2025 – January 6, 2026

Published

1 week ago

January 2, 2026

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2025 in Review: Seven Questions for Assemblymember Lori Wilson — Advocate for Equity, the Environment, and More

Her rise has also included several historic firsts: she is the only Black woman ever appointed to lead the influential Assembly Transportation Committee, and the first freshman legislator elected Chair of the California Legislative Black Caucus. She has also been a vocal advocate for vulnerable communities, becoming the first California legislator to publicly discuss being the parent of a transgender child — an act of visibility that has helped advanced representation at a time when political tensions related to social issues and culture have intensified.

Published

2 weeks ago

December 29, 2025

Oakland Post

Assemblymember Lori D. Wilson (D-Suisun City). File photo.

By Edward Henderson, California Black Media

Assemblymember Lori D. Wilson (D-Suisun City) joined the California Legislature in 2022 after making history as Solano County’s first Black female mayor, bringing with her a track record of fiscal discipline, community investment, and inclusive leadership.

She represents the state’s 11th Assembly District, which spans Solano County and portions of Contra Costa and Sacramento Counties.

California Black Media spoke with Wilson about her successes and disappointments this year and her outlook for 2026.

What stands out as your most important achievement this year?

Getting SB 237 passed in the Assembly. I had the opportunity to co-lead a diverse workgroup of colleagues, spanning a wide range of ideological perspectives on environmental issues.

How did your leadership contribute to improving the lives of Black Californians this year?

The Black Caucus concentrated on the Road to Repair package and prioritized passing a crucial bill that remained incomplete during my time as chair, which establishes a process for identifying descendants of enslaved people for benefit eligibility.

What frustrated you the most this year?

The lack of progress made on getting Prop 4 funds allocated to socially disadvantaged farmers. This delay has real consequences. These farmers have been waiting for essential support that was promised. Watching the process stall, despite the clear need and clear intent of the voters, has been deeply frustrating and reinforces how much work remains to make our systems more responsive and equitable.

What inspired you the most this year?

The resilience of Californians persists despite the unprecedented attacks from the federal government. Watching people stay engaged, hopeful, and determined reminded me why this work matters and why we must continue to protect the rights of every community in our state.

What is one lesson you learned this year that will inform your decision-making next year?

As a legislator, I have the authority to demand answers to my questions — and accept nothing less. That clarity has strengthened my approach to oversight and accountability.

In one word, what is the biggest challenge Black Californians are facing currently?

Affordability and access to quality educational opportunities.

What is the goal you want to achieve most in 2026?

Advance my legislative agenda despite a complex budget environment. The needs across our communities are real, and even in a tight fiscal year, I’m committed to moving forward policies that strengthen safety, expand opportunity, and improve quality of life for the people I represent.

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2025 in Review: Seven Questions for Assemblymember Tina McKinnor, Champion of Reparations, Housing and Workers’ Rights

In 2025, McKinnor pushed forward legislation on renters’ protections, re-entry programs, reparations legislation, and efforts to support Inglewood Unified School District. She spoke with California Black Media about the past year and her work. Here are her responses.

Published

2 weeks ago

December 29, 2025

Oakland Post

Assemblymember Tina McKinnor (D-Inglewood). File photo.

By Joe W. Bowers Jr., California Black Media

Assemblymember Tina McKinnor (D-Inglewood) represents

California’s 61st Assembly District.

As a member of the California Legislative Black Caucus (CLBC),

McKinnor was elected in 2022. She chairs the Los Angeles County Legislative Delegation and leads the Assembly Public Employment and Retirement Committee. McKinnor also served as a civic engagement director, managed political campaigns, and worked as chief of staff for former Assemblymembers Steven Bradford and Autumn Burke.

Looking back on 2025, what do you see as your biggest win?

Assembly Bill (AB) 628. If rent is $3,000, people should at least have a stove and a refrigerator. It’s ridiculous that people were renting without basic appliances.

I’m also proud that I was able to secure $8.4 million in the state budget for people coming home from incarceration. That includes the Homecoming Project, the menopause program for incarcerated women, and the Justice Leaders Program.

How did your leadership help make life better for Black Californians this year?

After the Eaton Fire, I pushed to get the same kind of support for affected areas that wealthier regions get after disasters.

I also did a lot of work building political power— establishing the Black Legacy PAC and California for All of Us PAC so we could support Black candidates and educate voters. We also called voters to make sure they understood Prop 50.

People need to understand this: there are only 12 Black legislators in the Capitol. Folks act like we can just walk in and pass reparations, but that’s not how it works.

What frustrated you most this year?

The governor did not have the political will to sign these bills: AB 57 and AB 62. They both passed overwhelmingly in the Assembly and the Senate. We did the work. The only person who didn’t have the political will to sign them was the governor.

The public needs to ask the governor why he didn’t sign the bills. We can’t keep letting people off the hook. He has to answer.

I also introduced AB 51 — the bill to eliminate interest payments on Inglewood Unified School District’s long-standing state loan — held in the Appropriations Committee. That was frustrating,

What inspired you most in 2025?

The civil rights trip to Alabama was life changing. We visited the Legacy Museum and the National Memorial for Peace and Justice. We took members of the Black, Latino, Jewish, and API caucuses with us. It changed all of us.

People aren’t always against us — they just don’t know our history.

What’s one lesson from 2025 that will shape how you approach decisions next year?

The legislative trip to Norway taught me that collaboration matters. Government, labor, and industry sit down together there. They don’t make villains. Everybody doesn’t get everything they want, but they solve problems.

What’s the biggest challenge facing Black Californians in one word?

Inequity. It shows up in housing, wealth, stress – all these things.

What’s the number one goal you want to accomplish in 2026?

Bringing back AB 57 and AB 62, and securing money for the Inglewood Unified loan interest forgiveness.