Use of ForceQuestion 68 of 200

A shoplifter steals a watch and runs out of the store unarmed. The guard cannot catch up. Deadly force on this fleeing suspect is:

a.Unlawful — Tennessee v. Garner forbids deadly force on an unarmed, non-violent fleeing suspect who poses no significant threat of death or SBI

b.Lawful if the watch is worth more than $5,000, because the loss then rises to grand theft and the force becomes proportionate to it

c.Lawful if the property owner has authorized the use of deadly force in writing, since the owner may delegate the defense of his own property to the guard

d.Lawful because flight from a guard is itself a crime, and a fleeing suspect may be stopped by any means, by whatever degree of force is needed to end the flight

Explanation

Tennessee v. Garner squarely holds deadly force against an unarmed, non-violent fleeing suspect is unconstitutional. PC §835a(c)(1) codifies the principle for California peace officers, and the same standard applies civilly to private security. Property value (b), owner instruction (c), and the act of fleeing (d) cannot transform an unjustified deadly use of force into a lawful one. Deadly force on these facts would expose the guard to homicide charges (§§187, 192) and crushing civil liability.

Law Reference: Tennessee v. Garner (1985) 471 U.S. 1; Cal. Penal Code §835a(c)(1)

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A shoplifter steals a watch and runs out of the store unarmed. The guard cannot catch up. Deadly force on this fleeing suspect is:

Explanation

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