Copy of Tennessee v garner

Tennessee v Garner

The officers in question shot an unarmed suspected felon. This case was instituted by the victim’s family alleging that the victim’s constitutional rights were violated by the officers.

10:45pm on october 3 1974 memphis police officer elton hymon and leslie wright were dispatched to answer a "prowler inside call" when they arrived on the scene they found a woman standing on her porch gestering tward the house next door she said she heard glass break. wright then dispatched, hymon went behind the house he heard a door slam and saw someone run tward a 6ft chain link fence with the help of a flashlight hymon saw garners hands and face and saw no sign of a weapon he called out "police,halt" he thenfired as garner made it to the other side of the fence he was shot in the back of the head and later died on a or table.

Whether law enforcement officials can use deadly force to prevent the escape of an unarmed suspected felon under the Fourth Amendment of the Constitution of the United States.

The district court founy Hymon's actions were constitutional, on the grounds of following the Tennessee statue.

The court of appeals reversed and remanded. they argued that the facts that were found proved that officers cannort resort to deadly force unless they have probable cause to believe that suspect has commited a felony and poses a threat to the officers and/ or a danger to the community. And that Tennessee statue did not addequately limit the use of deadly force properly.

After being appealed by the United states court of appeals for the 6th circuit. Held that under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if 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.

Brief Fact Summery

Synopsis of Rule of Law

If an officer has probable cause to believe the suspect poses a threat of serious bodily harm either to fellow officers or to others, it is not constitutionally unreasonable to prevent escape by using deadly force.

A Tennessee statute provides that, if, after a police officer has given notice of an intent to arrest a criminal suspect, the suspect flees or forcibly resists, "the officer may use all the necessary means to effect the arrest."

Introduction

Argued October 30, 1984

Decided MArch 27, 1985

Edward Garner

Issue

The Sides

Holding: the court had held that this statute was unconstitutional

Officers/defendent

Victim/procecuter

The Victims constitutional rights were violated by the officers.

Tennesse statute says its not constitutionaly unreasonable to prevent escape by using deadly force.

It was an UNREASONABLE siezure

officer was acting in good faith reliance

And Finally

U.S. District Court for Western District of Tennessee

APPEALED

Court of appeals

Photo based on: 'horizon' by pierreyves @ flickr