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Legal Case Analysis: Tennessee Vs. Garner

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John Padilla
ADJU 102 Term Paper outline
Case Analysis: Tennessee vs Garner
5/02/2017
Tennessee vs Garner
A Tennessee statute provides 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 affect the arrest." (Findlaw.com) In Memphis, Tennessee a cop shot the defendant(Garner)’s son while under the authority of this statute. The officer shot Garner’s son who was fleeing after burglarizing a home and asked to halt. As he refused to stop, he was then shot while attempting to climb over the fence “The father subsequently brought an action in Federal District Court, seeking damages under 42 U.S.C. 1983 for asserted violations …show more content…
Its use may be justified only under conditions of extreme necessity, when all lesser means have failed or cannot reasonably be employed” (LawCornell.com). A protective officer can use deadly force under five circumstances. One of the circumstances that relates to this case is Apprehension. This is when deadly force reasonably appears to be necessary to apprehend or prevent the escape of a person reasonably believed to have committed an offense and/or escaping by use of a weapon or explosive or who otherwise indicates that he or she poses a significant threat of death or serious bodily harm to the protective force officer or others unless apprehended without …show more content…
You can see this example in the United States v. Watson, 423 U.S. 411 (1976). Petitioners and appellant argue that if this requirement is within realms of the Fourth Amendment and has nothing to say about how that seizure is made. This submission ignores the many cases in which this Court, by balancing the extent of the intrusion against the need for it, has examined the reasonableness of [471 U.S. 1, 8] the manner in which a search or seizure is conducted. To determine the constitutionality of a seizure we must balance the nature and quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion. We have described "the balancing of competing interests" as "the key principle of the Fourth Amendment." Because one of the factors is the extent of the intrusion, reasonableness depends on not only when a seizure is made, but also how it is carried out. You can notice these instances in such cases : United States v. Ortiz, 422 U.S. 891, 895 (1975); Terry v. Ohio, 392 U.S. 1, 28 -29

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