The Supreme Court set the standard on use of deadly force on a fleeing suspect in the Tennessee v. Garner decision in 1985. They ruled that when a police officer is pursuing a fleeing suspect, deadly force cannot be used to prevent escape 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.” Brooks had a Taser, not a gun. Both darts had been fired so the Taser was no longer a threat. There were no other people around Brooks and he was fifteen or twenty feet away from the officers and running in the other direction. Under the guidelines set out by the Supreme Court shooting Brooks was not justified.