TENNESSEE v. Cleamtee GARNER‚ et al. 471 U.S. 1‚ 105 S. Ct 1694‚ 85 L.Ed.2d 1 Argued Oct. 30‚ 1984 Decided March 27‚ 1985 A case in which the court ruled that a Tennessee “fleeing felon” law was unconstitutional because it legalize the use of deadly force by police when a suspect poses no immediate threat to the police or others. The court ruled that the use of deadly force was a Fourth Amendment seizure issue subject to a finding of “ reasonableness.” Father‚ whose unarmed son was shot
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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
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The Supreme Court has made many decisions about police conduct but very few have had the impact on all of law enforcement as that of Tennessee vs. Garner. This landmark case has set very clear lines as when an officer of the law may use deadly force on a fleeing suspect. At about 10:45 p. m. on October 3‚ 1974‚ Officers of the Memphis Police Department‚ Elton Hymon and Leslie Wright responded to a "prowler inside call" (FindLaw.com). After arriving at the scene‚ they saw a woman standing on her
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(Funches‚ 2015) In Tennessee v. Garner‚ a Memphis cop whom shot and slaughtered a 15-year-old boy named Edward Garner who unexpectedly imparted a last name with Eric Garner‚ the man who died in an apparent "strange hold" on Staten Island a year ago. The mutual last name goes to my reference of having no father in the family and that families share criminal foundations. The night he died‚ Edward Garner had burglarized a house was unarmed and escaping on foot when
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Force” Tennessee v. Garner‚ et al In October of 1974‚ a Memphis Police officer made a split decision to fire a shot that ultimately ended the life of 15 year old Edward Garner. This choice was made in an attempt to prevent the deceased from evading an arrest based on an eye witness account of a suspected burglary. This action was disputed by the State of Tennessee and the deceased members father‚ each was basing the argument of very opposite ends of the spectrum. The Tennessee statute
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Tennessee v. Garner The landmark case of Tennessee v. Garner took place in 1985 in Memphis‚ Tennessee. One evening in October of 1974‚ an officer who had responded to a burglary in progress call‚ shot an unarmed 15 year old boy named Edward Garner who was running away from him. The boy had in fact stolen ten dollars “and some jewelry from an unoccupied house” (Criminal investigation‚ 2013‚ p. 246). As the officer shouted at his back for him to stop‚ he attempted to flee by jumping a fence. At this
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Tennessee v. Garner was a 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‚ 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. Before Tennessee v. Garner some states had it written in law that they could use any means in order to apprehend a fleeing
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Tennessee v Garner refers to using “all necessary means to effect the arrest” in the case of a suspect fleeing or forcibly resisting (FindLaw‚ n.d.). With this Tennessee statute‚ there are some stipulations (FindLaw‚ n.d.). There must be a belief that the suspect will act in a manner which would cause serious physical harm or death to others (FindLaw‚ n.d.). The amount of forced used must be in balance with the crime committed and how imminent harm is likely to occur (FindLaw‚ n.d.). Two police
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GRAHAM v. CONNOR‚ 490 U.S. 386 (1989) Dethorne Graham‚ who is a diabetic‚ asked a friend‚ William Berry‚ to drive him to a store to purchase some juice to neutralize the start of an insulin reaction. When Dethorne Graham entered the store‚ he saw the number of people that would be ahead of him‚ Dethorne Graham hurried out and asked William Berry to drive him to a friend’s house instead. Connor‚ a Charlotte‚ North Carolina police officer‚ became wary after seeing Dethorne Graham quickly enter
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Tennessee v. Garner (1985) is based on an incident that took place October 3‚ 1974. Briefly‚ the facts of the case are that a Memphis police officer‚ Elton Hymon‚ shot and killed an unarmed fifteen year old‚ Edward Garner‚ who was fleeing the scene of a home burglary at approximately 10:45 p.m.. The officer identified himself as the police and gave a command to halt. Garner stopped at the base of a chain-link fence‚ and then began to scale the fence when Hymon fired a shot‚ striking Garner in
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