Interesting hypo! Let's look at it from the 4th Amend. perspective. Some
would argue that Tenn. v. Garner would apply, but I would argue that Tenn.
v. Garner is a fleeing suspect case and that if the suspect is not fleeing
anything else in Garner is dictum. If Garner doesn't apply then we have
Have you searched him to insure he has no deadly weapons at hand?
Police experience with a person with a knife can close a distance of
21 ft. or less and strike a fatal blow before you can stop him with
gun fire from most handguns. That is why they shoot persons with
knives who get too
