The unlawful shooting of fleeing felons would be a violation of which Amendment?

• A. First Amendment
• B. Fourth Amendment
• C. Second Amendment
• D. Fifth Amendment

Answer: (B)

During an arrest, the right at issue is the Fourth Amendment, which protects people from unreasonable searches and seizures, including the use of force by government actors. Deadly force is only permissible if it is reasonable under the circumstances—typically to prevent a threat to life or to prevent escape when necessary. If a police shooting of a fleeing felon is unlawful, it means the force used was not reasonable under the circumstances, violating the Fourth Amendment. The other amendments don’t address the use of force during an arrest: the First Amendment covers speech and assembly; the Second Amendment concerns the right to keep and bear arms; the Fifth covers due process in legal proceedings; and the Eighth prohibits cruel and unusual punishment after conviction.