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- Garner, 471 U.S. 1 (1985), is a civil case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "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."
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Mar 29, 2017 · Case Summary of Tennessee v. Garner: Police officer shot and killed an unarmed fleeing suspect – Garner. Garner’s family sued, alleging that Garner’s constitutional rights were violated. The District Court found no constitutional violation. The Sixth Circuit Court of Appeals reversed.
- Florida V. Bostick
The trial court denied the motion, and the state court of...
- New Jersey V. T.L.O
Case Summary of New Jersey v. T.L.O.: A 14-year-old high...
- Graham V. Connor
The District Court found that Graham did not prove excessive...
- Atwater V. City of Lago Vista
The District Court dismissed the suit, and the Court of...
- Schmerber V. California
ContentsSchmerber v. California Case Brief Following is the...
- Bowers V. Hardwick
The Eleventh Circuit Court of Appeals reversed, holding that...
- Constitutional Rights
The two then brought their case before the U.S. Supreme...
- Bolling V. Sharpe
ContentsBolling v. Sharpe Case Brief Following is the case...
- Florida V. Bostick
Tennessee v. Garner, 471 U.S. 1 (1985), is a civil case in which the Supreme Court of the United States held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant ...
Tennessee v. Garner: Under the Fourth Amendment of the U.S. Constitution, a police officer may use deadly force to prevent the escape of a fleeing suspect only if the officer has a good-faith belief that the suspect poses a significant threat of death or serious physical injury to the officer or others.
- Facts of The Case
- Constitutional Issues
- The Arguments
- Majority Opinion
- Dissenting Opinion
- The Impact
On October 3, 1974, two police officers responded to a late night call. A woman had heard glass breaking in her neighbor’s house and believed a “prowler” to be inside. One of the officers went around the back of the house. Someone fled across the backyard, stopping by a 6-foot fence. In the darkness, the officer could see that it was a boy and reas...
Can a police officer use deadly force against a fleeing, unarmed suspect? Does a statute that authorizes the use of deadly force on an unarmed suspect violate the Fourth Amendment of the U.S. Constitution?
Attorneys on behalf of the state and city argued that the Fourth Amendment oversees whether a person may be detained, but not how they may be apprehended. Violence will decrease if officers are able to do their jobs by any means necessary. Resort to deadly force is a “meaningful threat” to deter violence, and is in the interest of the city and stat...
In a 6-3 decision delivered by Justice Byron White, the court labeled the shooting a “seizure” under the Fourth Amendment. This allowed the court to determine whether the act was “reasonable” when taking into account a “totality of the circumstances.” The court considered several factors. First, the court focused on whether Garner posed a threat to...
Justice O’Connor was joined by Justice Rehnquist and Justice Burger in her dissent. Justice O'Connor focused on the crime Garner was suspected of, noting that there is a strong public interest in preventing burglaries. Justice O'Connor wrote: O'Connor argued that the majority's ruling actively impeded officers from enforcing the law. According to O...
Tennessee v. Garner subjected the use of deadly force to Fourth Amendment analysis. Just as an officer must have probable cause to search someone, they must have probable cause to fire on a fleeing suspect. Probable cause is limited to whether an officer reasonably believes that the suspect is an immediate threat to the officer or the surrounding p...
- Elianna Spitzer
Mar 25, 2020 · The Supreme Court reiterated its findings in Garner, ultimately holding that the use of force employed by the deputy was reasonable: A police officer’s attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of ...
Nov 21, 2023 · In Tennessee v. Garner, the U.S. Supreme Court ruled that the use of deadly force by police constituted a seizure under the Fourth Amendment and that it, therefore, be...
Nov 30, 2023 · IRAC Summary of Tennessee v. Garner (1985) Issue: Whether the use of deadly force against an unarmed fleeing suspect who poses no immediate threat to the officer or others is a violation of the Fourth Amendment’s prohibition against unreasonable seizures.
