Tennessee V. Garner Case

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The Fourth Amendment known as the Search and Seizure amendment was first passed by Congress on September 25, 1789 (Amendment IV SEARCH AND SEIZURE). When this amendment was first passed by Congress criminal defendants and family members of the defendant did not put much thought or value into this amendment because it was of little help to them. However, after a Supreme Court case in 1914 called Weeks v. United States, this amendment began to have more value for criminal defendants and their families (The Fourth Amendment and the “Exclusionary Rule”). For instance, one Supreme Court case known as Tennessee v. Garner that was argue on October 30, 1984 and decided upon on March 27, 1985, (Tennessee v. Garner) caused a large amount of…show more content…
Garner). Edward Garner then began to climb over the fence (Tennessee v. Garner). Officer Hymon felt that if he allowed Edward Garner to climb over the fence than he would not be captured. When Edward Garner was climbing the fence to get away from Officer Hymon he was shot by Officer Hymon (Tennessee v. Garner). The bullet Officer Hymon shot at Edward Garner hit him in the back of the head (Tennessee v. Garner). Edward Garner was taken to the hospital by an ambulance, where he died on the operating table (Tennessee v. Garner). Even though Edward Garner was unarmed when Officer Hymon found him at the 6-feet high chain link fence the Officers did find ten dollars and a purse taken from the house on his body (Tennessee v. Garner). After this night in October 1974, when Edward Garner was shot and killed by Officer Hymon while he was fleeing the scene of the crime, Officer Hymon felt that he was justified in shooting him to prevent his escape even though he knew that Edward Garner was unarmed(Tennessee v. Garner). Officer Elton Hymon believed that his action was an acceptable because of a Tennessee statute that states that, if, after a police officer has given notice of an intent to arrest a criminal suspect, the suspect flees, or forcibly resists, “the officer may use all the necessary means to effect the arrest” (Tennessee v. Garner). I believe that Officer Elton Hymon did not have to kill Edward Garner just
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