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The District Court held that the Tennessee statute is constitutional, and that Hymon's actions, as authorized by that statute, did not violate Garner's constitutional rights.
- 392 U.S. 1
Terry v. Ohio: Under the Fourth Amendment of the U.S....
- 392 U.S. 1
In order to determine the constitutionality of a seizure, White reasoned, the court must weigh the nature of the intrusion of the suspect's Fourth Amendment rights against the government interests which justified the intrusion.
- The Case Behindtennessee v. Garner
- A Change in Standards For Deadly Force
- Garner’Slegacy
- Taking A Step Backward?
On the evening of October 3, 1974, Officer Elton Hymon and Leslie Wright of the Memphis Police Department were dispatched to a burglary call. They met with a neighbor who had heard the sound of glass breaking next door. Officer Hymon went to the rear of the house and observed Edward Garner running across the backyard. Hymon ordered Garner to halt, ...
Prior to Tennessee v. Garner, law enforcement uses of force had been analyzed by the federal courts in the light of the Fourteenth Amendment’s Due Process Clause. Under such an analysis, the court would focus on four factors: 1. The need for the use of force; 2. The proportionality of the force used; 3. The extent of injury to the suspect; 4. The s...
After the Supreme Court’s decision in Garner, all federal courts were required to analyze cases involving law enforcement use of deadly force under the Fourth Amendment reasonableness standard. Lesser uses of force, however, continued to be viewed under the older due process standard from the Fourteenth Amendment. In 1989, the USSC issued its opini...
WhileGarnerand its offspring have created a clear, simple, fair and well thought out standard, the conceptual underpinning of objective reasonableness has developed some very vocal critics. These critics are often untrained and ill-informed, with a political agenda, and are quick to judge police shootings based on little more than a snippet of vide...
May 5, 2019 · Respondent: Edward Eugene Garner, a 15-year-old shot by police to prevent him from escaping over a fence; Key Question: Did a Tennessee statute authorizing the use of deadly force to prevent the escape of a fleeing suspect violate the Fourth Amendment? Majority Decision: Justices White, Brennan, Marshall, Blackmun, Powell, Stevens
- Elianna Spitzer
Feb 22, 2024 · Garner’s father sued under 42 U.S.C. § 1983 for violation of his son’s civil rights, arguing that the use of deadly force was unreasonable and thus unconstitutional under the Fourth Amendment. The case questioned the constitutionality of Tennessee’s statute authorizing deadly force to prevent the escape of an apparently unarmed suspected ...
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.
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Did garner violate constitutional rights?
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Why did the Court of Appeals reverse Garner's decision?
Tennessee v. Garner,15 is the first instance in which a state deadly force statute has been held unconstitutional on fourth amendment grounds. It sets a new tone for constitutional chal-lenges to police conduct. For this reason the case provides an important and interesting focus for in depth analysis.
