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Essay / Research Paper Abstract
A 3 page consideration of this landmark 1984 Court of Appeals case. This paper explores deadly force as it relates to search and seizure. Bibliography lists 1 source.
Page Count:
3 pages (~225 words per page)
File: AM2_PPlwTNvGARNER.rtf
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Unformatted sample text from the term paper:
to the interpretation of search and seizure. Argued in the Sixth Circuits US Court of Appeals October 30, 1984 and decided on March 27, 1984; this case involved a
police officer shooting and killing a suspect as he attempted to escape from a Memphis residence where a burglary had been reported. The police officer ordered the suspect to
halt as the suspect was scaling a six foot tall fence in the backyard of the residence. When the suspect failed to stop the police officer shot and killed
the suspect despite the fact that he was relatively sure that he was unarmed and despite the fact that he suspected the suspect was only seventeen or eighteen years old.
The suspects father later brought the case to Federal District Court charging that his sons constitutional rights had been violated. The District Court ruled that the officer had
acted in accordance with a Tennessee statute that allows an officer to use "all the necessary means to effect the arrest" when a suspect attempts to flee or forcibly resists
arrest after being notified that they are going to be arrested. Upon appeal, however, the Sixth Circuits US Court of Appeals, reversed the lower Courts ruling and found the
Tennessee statute unconstitutional because it authorized the use of deadly force even in cases where the suspect is neither dangerous nor armed.
In Tennessee v. Garner the Sixth Circuits US Court of Appeals directed that "such force may not be used unless 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 (p. 497 US 7-22). The Court
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