A New York City police officer may not seize an unarmed, nondangerous suspect by shooting him dead. Where the suspect poses no immediate threat to the officer and no threat to others, the use of deadly force to do so is unjustified and a violation of the Fourth Amendment.

New York police may use deadly force to prevent serious physical injury, death, or escape.  In the case of Tennessee v Garner, 471 US 1 (1985), the United States Supreme Court held that it is constitutional for the police to use deadly force “[w]here the officer has probable cause to believe that the 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.” Id., at 11.