Tennessee Vs Garner Essay

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.

Garner 471 U.S. 1 (1985) that under the Fourth Amendment a Police Officer could not legally seize, take, a potential suspect’s life through the use of deadly force unless circumstances warranted it. It was deemed that only if the officer had probable cause to believe the defendant had committed a violent crime, was a danger to the community, or a threat to the officer would the officer have the authority to utilize deadly force to stop the suspect. The United States Supreme Court further decided that the Tennessee statute was invalid in regards to giving Officer Hymon authorization to use deadly force in the instance of Edward Garner. The United States Supreme Court stated that the Tennessee statute originated from a time when many more crimes were punishable by death than are in present times. Thus it could no longer be interpreted literally in light of changes to the criminal justice system. Due Process for all citizens is protected by the precedent set in this case; stating firmly, as it does, that only in instances where an officer has probable cause to believe a violent crime has occurred or has the potential to happen may said law enforcement officers use deadly force to deter, or prevent it while apprehending suspects. As stated under the Fourth Amendment of the Bill of Rights each and every American has protection from unjust

The Fourth Amendment states, 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the

Black Lives Matter (BLM) is a loosely‐coordinated, nationwide movement dedicated to ending police brutality that rose to prominence in late 2014. It takes its name from a hashtag started by three Black feminist activists Patrisse Cullors, Alicia Garza, and Opal Tometi but the movement and the hashtag are not identical (Freelon, McIlwain, & Clark, 2016). BLM has achieved national reputation through their online and offline organizing, obtaining extensive news media coverage and glowing references in music and entertainment television. Based on a horrendous incident that sparked a concern for a lot of Black people across the world, the sudden need for a social movement was born called BLM. Black Lives Matter is a national organization working for the validity of Black life and also working to rebuild the Black liberation movement. Black Lives Matter broadens the conversation and highlight the incidents around state violence to include the ways in which Black people are intentionally left powerless at the hands of the state. This referring to the ways in which Black lives are deprived of basic human rights and dignity. According to the article The Murder of Walter Scott, which talks about race and class, “African Americans are less than 13% of the U.S. population yet they are nearly 50% of those killed by the police. North Charleston has a population of 104,000, 47% Black and the police force is 80% white (Miah, 2015)”.

Racial injustice against people of colour is an immense, ongoing issue that has not only targeted lives but has also taken many innocent lives. In America, these racial divisions date back to the days of slavery, where black people were denied of their basic human rights because of discrimination. In present day, some individuals view America as a post-racial environment, due to such victories as electing a black president; but the brutal, fatal and unjust events in Ferguson, Missouri prove that these divisions are still present. On August 9th, 2014, an unarmed, 18 year old black teen was shot and killed by Darren Wilson, a white police officer. The events that led to the death of Michael Brown occurred on an early morning where Mr. Wilson stopped Michael Brown and a friend after leaving a convenience store. An altercation occurred which prompted Mr. Brown to flee and officer Wilson to begin shooting. The death of Mr. Brown caused the city to stand up against police brutality through peaceful protest, looting, and even violence, to gain justice for Mr. Brown and his family. As the protests grew, the police used military tactics such as, tear gas, to “maintain order” during the unrest of the city. In recent, news the grand jury decided that Officer Darren Wilson was not responsible for the death of Michael Brown, which led to a larger public outrage not only in America, but also across the

Incidents similar to Trayvon’s continued: black lives were being taken by white men. The Black Lives Matter movement grew with it. More and more publicity covered the cases. Many of them that gained

On the night of October 3rd, 1974 at approximately 10:45 p.m. Edward Garner was shot by Officer Hymon in an attempt to stop him from escaping a crime scene. Garner died on the operating table due to the gunshot wound on the back of his head. His crime was burglary and he was found with a mere ten dollars and a purse. The case was argued on October 30th, 1984 and a decision was made on March 27th, 1985. The father of Edward Garner believed his son’s constitutional rights were violated by the defendants Officer Hymon, the Police Department, and the Mayor of the city of Memphis. With a 6-3 decision, the Justices’ decided that Officer Hymon was acting justly under the fourth amendment that states that deadly force is constitutional as long as it is “reasonable”. I believe Officer Hymon was acting in good faith and simply fulfilling his duty to protect the public and stop criminals from escaping punishment.

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: Does the Fourth Amendment require that police officers, when arresting someone who was an occupant in a vehicle, show either a threat to officer safety or a need to protect evidence related to the crime they are being arrested for make it legal for an officer to conduct a search of that vehicle without a search warrant?

The right of the people to be secure in their persons, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

For the past few years, racial tensions have been on the rise. Although many actions have been taken to prevent these conflicts from occurring, African Americans are still being undervalued by the state. As more African Americans are being turned away with little to no assistance from the American government, anger and the desire for change increased among them. When Trayvon Martin’s murderer George Zimmerman was acquitted for his crime, a great number of Americans were furious at the outcome. Three African American women named Alicia Garza, Patrisse Cullors, and Opal Tometi expressed their view on a Facebook post titled “A Love Note to Black People” and it ends with “Our Lives Matter, Black Lives Matter” (“Black Lives Matter”). Thus, a new liberation movement for black people was born. The hashtag #BlackLivesMatter rapidly spread throughout social media, bringing awareness of the struggles of African Americans. The Black Lives Matter movement is a call to action to eradicate the dehumanization of African Americans that exists in American society. With the constant targeting of African Americans by the police and the unfair treatment in the criminal justice system, the Black Lives Matter movement is a necessity to combat racism.

Police brutality is a major issue in today’s society. Many African Americans tend to avoid the police for that very reason. A campaign was started in 2012 against police brutality and the unfair treating of African Americans entitled, Black Lives Matter. This movement was met with controversy as well as support from the American people. This movement has followed several controversial police brutality cases in the United States including, Eric Garner, Michael Brown, and Sandra Bland. All African American and all killed in the presence of a police officer, with no convictions. These three cases have been some of the biggest cases in the Black Lives Matter campaign. This campaign is determined to make sure that Black lives are treated just as equally as white live and Hispanic lives, because black lives matter

“Black Lives Matter” —an intended progression in society without a hierarchy, merely marching forward by spur of the people. Started by three sisters who continue to keep the organization a chapter-based, left wing social justice operation, it can best be described as “Not a moment, but a movement” by those that follow it. The case that began this outcry involved a man —George Zimmerman— whom, according to Lizette Alvarez and Cara Buckley (2013), “was found not guilty [of] second-degree murder [and] was also acquitted of manslaughter, a lesser charge.” (para. 1). Since its initial start in 2013, the movement follows and protests against police brutality and civil injustice towards individuals of the Black minority; however, this is a prime example of hate breeding hate as the movement, has opened a new floodgate full of antipathy aimed towards the White-community and Law Enforcement Officials. In short, the initial idea of “Black Lives Matter” —which is to bring civil justice to the Black-community— is a good concept, but the execution by its adherents are, ironically, bigoted; the movement needs to either evolve its state of thought or disperse before it further segregates America.

Originating in 2012, the political movement known under the hashtag #BlackLivesMatter has exploded in size and renown. This movement, which was initially inspired after a police officer was acquitted of all charges after fatally shooting an African American individual, seeks to diminish police brutality against African American individuals and systemic racism particularly in the United States. Sweeping the nation, Black Lives Matter has become an international movement and its influence has only increased with time. On the movement’s official website, the following was written regarding the history of the hashtag-inspired entourage, “#BlackLivesMatter was created in 2012 after Trayvon Martin’s murderer, George Zimmerman, was acquitted for his crime, and dead 17-year old Trayvon was posthumously placed on trial for his own murder. Rooted in the experiences of Black people in this country who actively resist our dehumanization, #BlackLivesMatter is a call to action and a response to the virulent anti-Black racism that permeates our society. Black Lives Matter is a unique contribution that goes beyond extrajudicial killings of Black people by police and vigilantes.” (http://blacklivesmatter.com/about/). The #BlackLivesMatter movement asserts that racism is still prevalent in modern society and exists not only in passive forms. Instead, racism apparently can be both overt and implicit.

Black Lives Matter began as a social media hashtag that later transformed into a social movement after George Zimmerman’s acquittal in the killing of Trayvon Martin, an unarmed 17-year old black boy. The social media hashtag did not pick up until November 25, 2014 (Demby); the day police officer Darren Wilson was not indicted after shooting and killing of Michael Brown, an unarmed 18-year old black boy. Quickly after the decision was heard, “#blacklivesmatter” came to life via thousands of protestors. Unfortunately, this was not the last injustice to cause a Black Lives Matter protest. Shortly after, about a week and a half later, another grand jury decides to not indict another officer for the murder of Eric Garner. Eric Garner was put in a chokehold that eventually led to his death in NYC, even though the NYPD prohibits use of chokeholds. When the decision was made to not indict the officer, thousands of protestors took to the streets of NYC, Dallas, and several other major cities. The murders of Freddie Gray, Sandra Bland, Alton Sterling, Philando Castile, and several others sparked similar, if not larger, protest across the country.