The 4th Amendment, Police, Deadly Force and the Rule of Law [View all]
I guess what some people think of as the "Rule of Law" is whatever they want it to be.
Tennessee v. Garner, 471 U.S. 1 (1985)
http://www.law.cornell.edu/supremecourt/text/471/1
Where 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. 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 infliction of serious physical harm, deadly force may be used if necessary to prevent escape, and if, where feasible, some warning has been given.
Majority White, joined by Brennan, Marshall, Blackmun, Powell, Stevens
Dissent O'Connor, joined by Burger, Rehnquist
It is worth noting here that Justice Brennan is most famously known for his longstanding and eloquent dissents against the trend in the 1970's toward greater police power.
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