If a police officer doesn’t know why a suspect is fleeing, it’s reasonable for the officer to shoot the suspect to death and ask questions later. As you pause to consider the absurdity of that proposition, ask yourself why a government lawyer would consider it reasonable for an officer to shoot and kill an unarmed teenager who had just stolen $10 in a burglary. And then ask whether a lawyer who expressed that belief should serve on the Supreme Court.

As an assistant to the Solicitor General, Judge Alito weighed in on a case involving an officer who was investigating a possible burglary. The officer heard a door slam, then went to the backyard where he “shined his flashlight on a youth who appeared to be unarmed and who was trying to climb a six-foot-high chain link fence to escape.” The officer “seized” the kid by shooting him in the head.

"I think the shooting [in this case] can be justified as reasonable," Alito wrote in a 1984 memo to Justice Department officials. Because the officer could not know for sure why a suspect was fleeing, the courts should not set a rule forbidding the use of deadly force, he said. "I do not think the Constitution provides an answer to the officer's dilemma," Alito advised.

The 4th Amendment forbids "unreasonable searches and seizures" by the government, and the high court said that killing an unarmed suspect who was subject to arrest amounted to an "unreasonable seizure."

"It is not better that all felony suspects die than that they escape," wrote Justice Byron White for a 6-3 majority in Tennessee vs. Garner. "Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so."

Said White: "A police officer may not seize an unarmed, nondangerous suspect by shooting him dead."