The use of deadly force has been a hotly contested subject in law enforcement for several years now. In 2012 I did a paper on Garner v. Tennessee that discussed the Supreme Court Decision on how we use force in today's society.
Tennessee v. Garner, 471 U.S. 1 (1985), 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. On October 3, 1974, Memphis Police Department Officers were dispatched to a burglary call. Upon arrival the neighbor told the officers that someone was breaking into the house next door. Officer Hymon went behind the house and observed someone running across the yard, the suspect, Edward Garner, attempted to climb a fence and escape. Believing that Garner would certainly flee if he made it over the fence, Hymon shot him, striking Garner in the back of the head. Ten dollars and a purse taken from the burglarized house were found on his body.
The Department ruled that Hymon acted according to a Tennessee state statute and official Memphis Police Department policy authorizing deadly force against a fleeing suspect. Garner's father then brought suit in the United States District Court for the Western District of Tennessee. The District Court found the statute, and Hymon's actions, to be constitutional. On appeal, the United States Court of Appeals for the Sixth Circuit reversed the decision. The case was appealed to the United States Supreme Court where they held that the killing of a fleeing suspect is a "seizure" for the purposes of the Fourth Amendment, and is therefore constitutional only when it is reasonable. The court then found that based on the facts in this case, the Tennessee statute failed to properly limit the use of deadly force by reference to the seriousness of the felony.
While the average citizen doesn't understand the complexity of an officer's decision to use deadly force it shouldn't affect our decision making while in the field. We know when to use force and when not to, as long as you stay within the confines of the law your use of force will be found justified.
Here is a link to the paper I wrote in 2012 and a training video on this subject:
Tennessee v. Garner, 471 U.S. 1 (1985), 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. On October 3, 1974, Memphis Police Department Officers were dispatched to a burglary call. Upon arrival the neighbor told the officers that someone was breaking into the house next door. Officer Hymon went behind the house and observed someone running across the yard, the suspect, Edward Garner, attempted to climb a fence and escape. Believing that Garner would certainly flee if he made it over the fence, Hymon shot him, striking Garner in the back of the head. Ten dollars and a purse taken from the burglarized house were found on his body.
The Department ruled that Hymon acted according to a Tennessee state statute and official Memphis Police Department policy authorizing deadly force against a fleeing suspect. Garner's father then brought suit in the United States District Court for the Western District of Tennessee. The District Court found the statute, and Hymon's actions, to be constitutional. On appeal, the United States Court of Appeals for the Sixth Circuit reversed the decision. The case was appealed to the United States Supreme Court where they held that the killing of a fleeing suspect is a "seizure" for the purposes of the Fourth Amendment, and is therefore constitutional only when it is reasonable. The court then found that based on the facts in this case, the Tennessee statute failed to properly limit the use of deadly force by reference to the seriousness of the felony.
While the average citizen doesn't understand the complexity of an officer's decision to use deadly force it shouldn't affect our decision making while in the field. We know when to use force and when not to, as long as you stay within the confines of the law your use of force will be found justified.
Here is a link to the paper I wrote in 2012 and a training video on this subject:
garner_v_tennessee_module_5.docx |