As amicus curiae advises,
at common law an officer may use deadly force where necessary to apprehend the fleeing perpetrator of any felony.
While most states still follow the common law rule, the proliferation of crimes classified as felonies and the reservation of the death penalty for only a very few of them has lead a small group of states to modify the common law rule. These authorities now limit the privilege to certain felonies,
apparently including burglary, which are deemed to represent some threat of harm to persons and are variously labeled “forcible”, “dangerous” or “serious” felonies.