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 backyard. The suspect, Edward Garner stopped at a 6-feet-high fence at the edge of the yard and proceeded to climb the fence as the police officer called out “police, halt.” The police officer figured that if Garner made it over the fence he would get away and also “figured” that Garner was unarmed. Officer Hymon then shot him, hitting him in the back of the head.
In using deadly force to prevent the escape of Garner, Hymon used the argument that actions were made under the authority of the Tennessee statute and pursuant to police department policy. Although the department’s policy was slightly more restrictive than the statute it still allowed the use of deadly force in cases of burglary. Garner’s fathers’ argument was made that his son was shot unconstitutionally because he was captured and shot possessing ten dollars that he had stolen and being unarmed showing no threat of danger to the officer. The incident was then reviewed by the Memphis Police Firearm’s Review Board and presented to a grand jury of the Federal District Court and the Court of Appeals.
The Essay on Becoming A Police Officer: An Insider's Guide To A Career In Law Enforcement
Law enforcement refers to agencies and individuals responsible for public safety, enforcing a set of norms and rules in a society and maintaining public order. It also refers to activities conducted by law enforcers such as dissuasion, detection and investigation of crime as well as apprehension of law offenders(Hess, Orthmann, & Cho, 2014). The most typical and organized form of law ...
Neither of these presentations of the incident took any action. Procedure: Garner’s father brought the action the police officer took in the Federal District Court for the Western District of Tennessee, looking for violations that were made of Garner’s constitutional rights. The complaint was alleged that the shooting of Garner violated the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. After a three day trial, the District Court entered judgement for all defendants. It dismissed the claims against the defendants as being the mayor and Officer Hymon and the Police Department as being the director for lack of evidence. Hymon’s actions were then concluded to being constitutional by being under the Tennessee statute.
The Court of Appeals affirmed with regard to Hymon, finding that he had acted accordingly to the Tennessee statute. The Court of Appeals then reversed and remanded. It reasoned that the killing of a fleeing suspect is “seizure” under the Fourth Amendment, and is therefore constitutional only if actions are reasonable. In this case the actions were found not to be reasonable. Officers cannot use deadly force unless they have probable cause that the suspect poses a serious threat to the officer or has committed a felony. Issue: Garner, the suspect’s father brought forth that his unarmed son was wrongfully shot by a police officer as his son was fleeing from the burglary of an unoccupied house.
He proposed a wrongful death action under the federal civil rights statute against the police officer who fired the shot, the police department and others. Decision: The Court of Appeals reversed and filed a petition for certiorari. The Supreme Court held that: ” (1) apprehension by use of deadly force is a seizure subject to the Fourth Amendment’s reasonableness requirement; (2) deadly force may not be used unless it is necessary to prevent the escape and 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; (3) Tennessee statute under authority of which police officer fired fatal shot was unconstitutional insofar as it authorized use of deadly force upon fleeing felons within reason.” The Supreme Court’s decision basically rules that the police officer’s actions violate the Fourth Amendment 0 t. Rationale: The Supreme Court came up with the decision the Officer Hymon violated the Fourth Amendment because the case required the determination of the constitutionality of the use of deadly force used to prevent the escape of an apparent unarmed felon. The justice of the court concluded that such force acted upon Garner was not acceptable unless it is necessary to prevent the escape and that the officer has probable cause that the suspect poses a serious threat of death or serious injury to the officer or others. In this case of Garner being a young, small child at the age of fifteen weighing around a hundred pounds and being unarmed could have posed any kind of threat.
The Term Paper on Gender Police Force
Introduction Women have come a long way in the area of the workforce in the past one hundred years. If you were to look back one hundred years ago, you would never see a woman working outside of the home. Society had the idea that a woman's place was in the home cooking, cleaning, reproducing and care giving. They had the idea that there was no place for her in the workforce because that was a ...
Holding: A police officer may arrest a person if he has probable cause to believe that person committed a crime. Police cannot use deadly force to prevent the escape of a felon unless the suspect posed a significant threat of death or serious physical injury to the officer or others.
