In the 1984 case Tennessee v. Garner, the U.S. Supreme Court ruled that under the Fourth Amendment of the Constitution, a police officer may not use deadly force to prevent a suspect from escaping unless "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." The case involved Edward Garner, an unarmed teenager who was shot and killed by Memphis Police Officer Elton Hymon while fleeing from a burglary scene in 1974. Officer Hymon argued he had acted according to state law which allowed for use of any means necessary to make an arrest if there were reasonable grounds for believing that such force was necessary. However, on appeal it was found this violated constitutional rights against unreasonable seizures (arrests). This landmark decision significantly impacted policing policies across America regarding when officers can justifiably apply lethal force.

In the dissenting opinion for Tennessee v. Garner, Justice O'Connor argued that the majority's decision to prohibit police from using deadly force against a fleeing suspect unless they pose significant threat of death or serious physical injury to others was an overreach. She contended that this ruling disregarded traditional common law principles which allowed such use of force and also ignored contemporary statutes and police regulations supporting it. The justice believed that the Fourth Amendment should not be interpreted in a way that restricts law enforcement officers' ability to perform their duties effectively, especially when dealing with potentially dangerous criminals who are attempting to evade arrest by flight. Furthermore, she expressed concern about potential negative consequences on public safety due to limiting police powers in such situations without clear evidence showing necessity for change.