Tag: Minnesota

Legally…”Under the Supreme Court’s Fourth Amendment precedents, the crucial question is not whether Good was actually trying to run Ross down but whether his avowed belief that she posed a threat to him was “objectively reasonable” given “the totality of the circumstances.”

The 1985 case Tennessee v. Garner involved a suspected burglar who was shot while fleeing police. The Supreme Court held that the use of deadly force is unconstitutional in such circumstances “unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.”

To assess whether a use of force is “objectively reasonable” under the Fourth Amendment, the Court explained four years later in Graham v. Connor, judges should consider “the totality of the circumstances,” paying “careful attention to the facts and circumstances of each particular case.” The Court said relevant factors include “the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.”

…

The Justice Department’s policy on the use of force jibes with what the Supreme Court has said. “Deadly force may not be used solely to prevent the escape of a fleeing suspect,” it notes, and “firearms may not be discharged solely to disable moving vehicles.”

The Justice Department explains that “firearms may not be discharged at a moving vehicle unless: (1) a person in the vehicle is threatening the officer or another person with deadly force by means other than the vehicle; or (2) the vehicle is operated in a manner that threatens to cause death or serious physical injury to the officer or others, and no other objectively reasonable means of defense appear to exist, which includes moving out of the path of the vehicle.” The circumstances of the Minneapolis shooting suggest that Ross may have violated that policy.”

https://reason.com/2026/01/09/video-of-the-minneapolis-ice-shooting-does-not-resolve-the-issue-of-whether-it-was-legally-justified/