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 over $5,000
c.Lawful if the property owner authorizes it in writing
d.Lawful because flight from a guard is itself a crime
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)Practice all 200 questions free — no signup required.
Related questions on this topic
- A baton-permitted guard strikes a non-resisting handcuffed subject with the baton 'to make sure they cooperate later.' Legally, this is:
- Handcuffing a citizen-arrested subject who is calm and compliant is:
- An armed guard observes a person actively swinging a baseball bat at customers' heads inside the store. The guard's firearm may be used:
- After any significant use of force, a security guard should:
- Under BSIS regulations and BPC §7583.39, the security company (licensee) generally must:
- A guard encounters a person who appears to be in mental health crisis (disoriented, talking to unseen persons, no clear threat). The appropriate response is generally:
Last reviewed: · editorial process
PrepPass Editorial Team · Verified against California BSIS Guard Card Exam · How we review