Tennessee V. Garner 1985

908 Words Oct 6th, 2015 4 Pages
Tennessee v. Garner 1985 was a case that was the deciding factor that made it no longer acceptable for a police officer to use deadly force to inhibit a criminal from fleeing the scene. The only way that an officer would be able to do this is if the criminal was showing that they were going to be a greater threat if they were not dealt with immediately than they would be if they were just to continue pursuit of the person. This was a change to the old common law that if a criminal was trying to escape or flee from a scene a police officer was able to shoot and kill the suspect or they were also able to shoot warning shots to try to get the person to stop.
When looking at the case the judges were trying to see if there was an issue since the officer had reason to believe that the suspect was unarmed and not dangerous. One of the big factors that made the case an issue was that while the officer shot the young man he was only acting under the rules that he was allowed to follow. If the criminal was trying to evade arrest they could use deadly force in order to finish the arrest. The officer had a thought that if the young man had made it over the fence that he would have evaded the arrest totally. Another detail of the court was that they said the boy was under seizure of the police since the police had tried to detain him of his freedom to leave which had been decided in another court case back in 1975. The outcome of the case was 6-3 in favor of yes, that deadly force could…
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