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Tennessee V Garner

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CUNY Bronx Community College

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CRJ 11

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Running Head: TENNESSEE V. GARNER (1985) 1

Tennessee v. Garner (1985)

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TENNESSEE V. GARNER (1985) 2

Tennessee v. Garner (1985)

Since the mid-1800s, deadly force has become a huge problem for society when produced

by law enforcement officers. In 1985, a police officer shot and killed a suspect that was trying to

flee from a scene (Spitzer, 2018). It was found at the incident site that the suspect was unarmed.

Garner responded to a call that involved an active burglary when he spotted Garner, a 15-year-

old male, leaving the scene. When Officer Hymon ordered Garner to stop, he began climbing a

nearby fence. During climbing the fence, Garner was shot in the head. The father of Garner

brought to court a case of wrongful death under what is called the ‘Federal Civil Rights Statue’

against the officer and the department he was employed with for the death of his son (Spitzer,

2018). Under the Tennessee statute, the federal courts ruled that there was justification for the

shooting of Garner (Blume, 1984). The Tennessee v. Garner case has influenced the sectors of

law enforcement, the court system, and correction institutions to enforce strict procedures when

using force against a suspect.

Violation of the Constitution

The Constitutional issues of this cases ask the question as to whether an officer of sworn

duty can use deadly force against an unarmed suspect that is fleeing and does that statute violate

the fourth amendment of the United States Constitution? The fourth amendment is violated when

an officer uses over the minimum amount needed force to apprehend and stop a suspect (Spitzer,

2018). To use excessive force that results in a death is only permissible under the fourth

amendment if there is an objective reasonableness inquiry that the officer or anyone around the

scene could be harmed by the suspect. While the crime of burglary is serious and can be omitted

as a felony, this did not give the officer reasonable belief that the suspect was of danger to him or

anyone else nor does the fact that the unarmed suspect who had broken into the house,

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Running Head: TENNESSEE V. GARNER (1985) Tennessee v. Garner (1985) Instructor Class Date Name 1 TENNESSEE V. GARNER (1985) 2 Tennessee v. Garner (1985) Since the mid-1800s, deadly force has become a huge problem for society when produced by law enforcement officers. In 1985, a police officer shot and killed a suspect that was trying to flee from a scene (Spitzer, 2018). It was found at the incident site that the suspect was unarmed. Garner responded to a call that involved an active burglary when he spotted Garner, a 15-yearold male, leaving the scene. When Officer Hymon ordered Garner to stop, he began climbing a nearby fence. During climbing the fence, Garner was shot in the head. The father of Garner brought to court a case of wrongful death under what is called the ‘Federal Civil Rights Statue’ against the officer and the department he was employed with for the death of his son (Spitzer, 2018). Under the Tennessee statute, the federal courts ruled that there was justification for the shooting of Garner (Blume, 1984). The Tennessee v. Garner case has influenced the sectors of law enforcement, the court system, and correction institutions to enforce strict procedures when using force against a suspect. Violation of the Constitution The Constitutional issues of this cases ask the question as to whether an officer of sworn duty can use deadly force against an unarmed suspect that is fleeing and does that statute violate the fourth amendment of the United States Con ...
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