Also known as:prevent escape · preventing escape · prevention of escapes · escape prevention
Written by attorneys · grounded in primary & secondary sources — see below
A justification permitting law enforcement officers to use reasonable force when performing official duties such as making an arrest or conducting a lawful detention. The justification remains available even when the suspect or third parties resist or threaten resistance. Officers may continue efforts to detain the individual or block flight so long as the force employed stays within the bounds of immediate necessity.
Sources & Authorities
How it applies
Common Examples
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Hot Pursuit into Residence
Officer Ramirez chased fleeing suspect Derek Ruiz into a nearby home after Ruiz discarded a firearm during a drug transaction. Ramirez entered without a warrant and searched the rooms where Ruiz could have hidden. The search uncovered Ruiz hiding under a bed along with a loaded handgun on the nightstand.
Deadly Force Against Armed Felon
Officer Patel pursued armed robbery suspect Marcus Hale on foot after Hale fled the scene of a convenience store holdup. Hale turned and pointed a pistol at Patel. Patel fired once, striking Hale and stopping his flight.
Select any source to read its text and confirm it supports the definition.
Cases
Course Outlines
Tennessee v. Garner471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985)
Vehicle Pursuit to Block Escape
Deputy Harris pursued speeding suspect Victor Lane after Lane refused to stop for a traffic violation. Lane drove erratically at high speed through city streets, forcing other vehicles off the road. Harris executed a precision immobilization maneuver that ended the chase and prevented Lane from continuing his flight.
Scott v. Harris550 U.S. 372 (2007)
Common questions
Frequently Asked
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Does resistance by the suspect or third parties require an officer to stop efforts to prevent escape?+
No. When an officer is lawfully performing official duties such as making an arrest or preventing escape, the law justifies continued use of necessary force even if the suspect or others resist or threaten resistance. The officer need not desist simply because threats or interference arise.
Supporting sources
When may an officer use deadly force solely to prevent escape?+
Deadly force is reasonable only when the felon threatens death or serious bodily harm and deadly force is necessary to prevent escape. An officer may not use deadly force against an unarmed, nondangerous fleeing felon.
Supporting sources
Does the prevention-of-escape principle apply when officers enter a dwelling without a warrant?+
Yes. Officers in hot pursuit of a fleeing felon may enter a dwelling without a warrant and conduct a search as broad as reasonably necessary to prevent escape, seize weapons, and ensure safety.
Supporting sources
471 U.S. 1, 105 S. Ct. 1694, 85 L. Ed. 2d 1 (1985)Criminal Procedure
…suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force. Thus, if the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened…