Judical Brief2

Judical Brief2 - Joe DeCrane CRJ230-005 2008.04.08 Case...

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Joe DeCrane CRJ230-005 2008.04.08 Case Brief II TENESSEE v. GARNER, 471 U.S. 1 (1985) ISSUE(S) : The issue is whether or not the Tennessee statue permitting the use of deadly force against fleeing suspects, even when there is no threat to the safety of the officer or the public, is constitutional under the Fourth Amendment. FACTS : October 3, 1974, two Memphis Police Officers, Elton Hymon and Leslie Wright, were sent to a burglary call at around 22:45. The neighbor, who called the police, told the officers that she had heard glass break and that someone was burglarizing the house next door. Officer Hymon went behind the house where he saw someone running across the yard. Eric Garner, the fleeing suspect, stopped at the six-foot tall chain-link fence, where Officer Hymon ordered him to stop. Even though Officer Hymon was fairly sure that Garner was unarmed he shot and killed him because he was sure that if Garner made it over the fence he would flee. By using deadly force to stop Garner from fleeing, officer Hymon
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This note was uploaded on 05/05/2008 for the course CRJ 110 taught by Professor Perrill during the Spring '08 term at N. Colorado.

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Judical Brief2 - Joe DeCrane CRJ230-005 2008.04.08 Case...

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