Tennessee V. Garner Essay - 813 Words

Name: Tennessee v. Garner Citation: No. 83-1035, 83-1070 (1985) Facts: On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a prowler inside call. When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the backyard. The suspect, Edward Garner stopped at a 6-feet-high fence at the edge of the yard and proceeded to climb the fence as the police officer called out police, halt. The police officer figured that if Garner made it over the fence he†¦show more content†¦It dismissed the claims against the defendants as being the mayor and Officer Hymon and the Police Department as being the director for lack of evidence. Hymons actions were then concluded to being constitutional by being under the Tennessee statute. The Court of Appeals affirmed with regar d to Hymon, finding that he had acted accordingly to the Tennessee statute. The Court of Appeals then reversed and remanded. It reasoned that the killing of a fleeing suspect is seizure under the Fourth Amendment, and is therefore constitutional only if actions are reasonable. In this case the actions were found not to be reasonable. Officers cannot use deadly force unless they have probable cause that the suspect poses a serious threat to the officer or has committed a felony. Issue: Garner, the suspects father brought forth that his unarmed son was wrongfully shot by a police officer as his son was fleeing from the burglary of an unoccupied house. He proposed a wrongful death action under the federal civil rights statute against the police officer who fired the shot, the police department and others. Decision: The Court of Appeals reversed and filed a petition for certiorari. The Supreme Court held that: (1) apprehension by use of deadly force is a seizure subject to the Fourth Amendments reasonableness requirement; (2) deadly force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses aShow MoreRelatedTennessee V. Garner Case1303 Words   |  6 PagesSupreme Court case in 1914 called Weeks v. United States, this amendment began to have more value for criminal defendants and their families (The Fourth Amendment and the â€Å"Exclusionary Rule†). For instance, one Supreme Court case known as Tennessee v. Garner that was argue on October 30, 1984 and decided upon on March 27, 1985, (Tennessee v. Garner) caused a large amount of controversy because it involved several different aspects such as, following Tennessee laws, the Fourth Amendment, and the statutoryRead MoreThe Death Of Tennessee V Garner1 400 Words   |  6 PagesSidney Hildebrandt Tennessee V Garner On the night of October 3rd, 1974 at approximately 10:45 p.m. Edward Garner was shot by Officer Hymon in an attempt to stop him from escaping a crime scene. Garner died on the operating table due to the gunshot wound on the back of his head. His crime was burglary and he was found with a mere ten dollars and a purse. The case was argued on October 30th, 1984 and a decision was made on March 27th, 1985. The father of Edward Garner believed his son’s constitutionalRead More Tennessee v. Garner 1985 Essay802 Words   |  4 PagesName:  Ã‚  Ã‚  Ã‚  Ã‚  Tennessee v. Garner Citation:  Ã‚  Ã‚  Ã‚  Ã‚  No. 83-1035, 83-1070 (1985) Facts:  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a â€Å"prowler inside call.† When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someoneRead MoreTennessee V. Garner 1985908 Words   |  4 PagesTennessee v. Garner 1985 was a case that was the deciding factor that made it no longer acceptable for a police officer to use deadly force to inhibit a criminal from fleeing the scene. The only way that an officer would be able to do this is if the criminal was showing that they were going to be a greater threat if they were not dealt with immediately than they would be if they were just to continue pursuit of the person. This was a change to the old common law that if a criminal was trying to escapeRead MoreThe Amendment Of The United States Constitution1767 Words   |  8 Pagesconsidered constitutional or unconstitutional. For example in the 1984 Supreme Court case of Tennessee v. Garner, 471 U.S. 1 (1985) where a Tennessee officer shot and killed a fleeing un armed black man. Here is the Supreme Court’s ruling on the case it reasoned that the killing of a fleeing suspect is a seizure under the Fourth Amendment, and is therefore constitutional only if reasonable. The Tennessee statute failed as applied to this case because it did not adequately limit the use of deadlyRead MorePolice Reform : 1960s And Today s Society1732 Words   |  7 PagesMapp argued that the search was unconstitutional because her fourth amendment rights had been violated. Her case (Mapp v. Ohio) went all the way to the United States Supreme Court. â€Å"The U.S Supreme Court ruled in a 5-3 vote in favor of Mapp. The high court said evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state court (Mapp v. Ohio Podcast).† This led to protection from unreasonable search and seizure may not be used in criminal prosecutionsRead MoreThe Reasonableness Of A Deadly Force Seizure811 Words   |  4 PagesIn 1985 the U.S. Supreme Court ruling in Tennessee v. Garner severely restricted the circumstances under which law enforcement officers may use deadly force to arrest a suspect. In assessing the reasonableness of a deadly force seizure per the fourth amendment, the Court ruled that the need for a police intrusion had to be weighed against its risks, and determined that common law any-fleeing-felon statutes were unconstitutional. In a narrative give the facts, issues, and court holdings. (ncjrs.govRead MorePolice Profiling And The Media1325 Words   |  6 Pagespast year regarding black suspects being shot and killed by white police officers. One case happened in South Carolina and the other in Illinois. After investigating and finding facts I will then compare both cases to the Supreme Court case: Tennessee v. Garner 1985, and determine what case is the most alike to it and why. Walter Scott Case and Outcome On April 4, 2015 in North Charleston, South Carolina, 50-year-old Walter Scott was shot and killed by Michael Slager, an officer of the North CharlestonRead MoreCj 499-01 Unit 3 Crime Scenario Analysis1733 Words   |  7 Pagesgovernmental interest at stake. The Supreme Court has stated that this involves the inception (How it all started in the first place), the manner of force used (what did the officer do), and the duration (how long was the action) (Graham v Connor, 1989; Tennessee v Garner, 1985). In analyzing the above listed scenario, the information provided by the alleged victim to the officer includes three alleged crimes. These alleged crimes include First Degree Robbery RCW 9A.56.200, Assault II with a Weapon RCWRead MoreEssay on Use of Force in Law Enforcement2254 Words   |  10 Pages2010, p. 123). Graham v. Connor 1989 The appropriate use of force will vary from officer to officer because the courts do not look at every officer the same way, â€Å"The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation† (Graham v. Connor 1989). This