Case Brief 11 - Hymon shot him striking him in the back of...

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Christopher Jewell Feb. 29, 2008 CRJ-205 Case Brief 11 I. Tennessee v. Garner 471 U.S. 1 (1985) II. History: Edward Garner was killed by MPD when he fled from the scone of a suspected burglary. His father sued for violation of 4 th amendment. The USDC ruled the shooting was not unreasonable. The US COA reversed. The USSC affirmed III. Facts of the Case a. Acts by government officials: MPD officers Elton hymon and leslie wright were dispatched to answer a prowler inside call. Upon arrival they saw a woman gesturing towards a house. The heard a dorr slam in the back and Garner run across the backyard to a fence. Hymon called out Police, halt and Garner hoped over the fence. After garner was on the other side,
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Unformatted text preview: Hymon shot him, striking him in the back of the head. b. Objective basis: The officer, under Tennessee code, was using all means possible to stop a fleeing suspect. IV. Legal Question: Was the officer justified in using deadly force to apprehend the suspect. a. Police Officer b. Shot at Garner after he hoped the fence c. 4 th Amendment against unreasonable search and seizure V. Opinion a. Majority: The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than they escape. VI. Judgment: Affirmed...
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This note was uploaded on 04/17/2008 for the course CRJ 205 taught by Professor Neilson during the Spring '08 term at Ivy Tech Community College.

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