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- In Garner, the United States Supreme Court agreed with the lower court that the shooting violated Garner’s constitutional rights. Instead of relying on the Fourteenth Amendment’s due process clause, however, the Court ruled that police use of deadly force should be viewed in light of the Fourth Amendment as a seizure of a person.
www.police1.com/legal/articles/tennessee-v-garner-the-enduring-test-of-objective-reasonableness-cYjlsV2eXSd7SbeV/
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Can a police officer use deadly force to prevent a fleeing suspect?
Mar 25, 2020 · Garner set and remains the standard for evaluating law enforcement use of deadly force. The case behind Tennessee v. Garner. On the evening of October 3, 1974, Officer Elton Hymon and Leslie Wright of the Memphis Police Department were dispatched to a burglary call.
Tennenbaum shows a significant reduction (16%) in the number of police homicides committed before, and after the decision. This reduction was more significant in states which declared their laws regarding police use of deadly force to be unconstitutional after the Garner decision.
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.
Aug 24, 2015 · Tennessee v. Garner told police they could not shoot fleeing suspects just to prevent their escape. The ruling still stands, 30 years later, as the national precedent for police use of force.
- Stacey Barchenger
May 5, 2019 · In Tennessee v. Garner (1985), the Supreme Court ruled that under the Fourth Amendment, a police officer may not use deadly force against a fleeing, unarmed suspect. The fact that a suspect does not respond to commands to halt does not authorize an officer to shoot the suspect, if the officer reasonably believes that the suspect is unarmed.
- Elianna Spitzer
The intrusiveness of a seizure by means of deadly force is unmatched. The suspect’s fundamental interest in his own life need not be elaborated upon. The use of deadly force also frustrates the interest of the individual, and of society, in judicial determination of guilt and punishment.
The Tennessee statute was unconstitutional as far as it allowed deadly force to prevent the escape of an unarmed fleeing felon. Justice Sandra Day O'Connor wrote a dissent stating that the majority went too far in invalidating long-standing common law and police practices contrary to the holding.
