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People v Couch
S. Ct Michigan, 1990
Author:- Sam Biers
Public Authority
Relevant Facts: Df used deadly force to effectuate a citizen’s arrest of a fleeing felon.
Legal Issue(s): Whether a private citizen has the right to use deadly force to attempt to apprehend a fleeing felon?
Court’s Holding: No, the Garner rule does not apply to criminal matters. Garner was civil action.
Court Rationale: Garner 's pronouncements regarding the constitutionality of the use of such force are inapplicable to private citizens. The power to define conduct as a state criminal offense lies with the individual states legislatures, not with the federal government or even the United States Supreme Court. Not only does this Court (and therefore the Court of Appeals) arguably lack the authority to change the fleeing felon rule or state criminal law, even prospectively, given the Legislature's adoption of and acquiescence in that rule, we must resist the temptation to do so
Plaintiff’s Argument: Garner applies directly to change this state's fleeing-felon rule fails because it is premised upon the notion that the United States Supreme Court can require a state to criminalize certain conduct