Tennessee V. Garner Case - 1303 Words

The Fourth Amendment known as the Search and Seizure amendment was first passed by Congress on September 25, 1789 (Amendment IV SEARCH AND SEIZURE). When this amendment was first passed by Congress criminal defendants and family members of the defendant did not put much thought or value into this amendment because it was of little help to them. However, after a Supreme Court case in 1914 called Weeks v. United States, this amendment began to have more value for criminal defendants and their families (The Fourth Amendment and the â€Å"Exclusionary Rule†). For instance, one Supreme Court case known as Tennessee v. Garner that was argue on October 30, 1984 and decided upon on March 27, 1985, (Tennessee v. Garner) caused a large amount of†¦show more content†¦Garner). Edward Garner then began to climb over the fence (Tennessee v. Garner). Officer Hymon felt that if he allowed Edward Garner to climb over the fence than he would not be captured. When Edward Garner was clim bing the fence to get away from Officer Hymon he was shot by Officer Hymon (Tennessee v. Garner). The bullet Officer Hymon shot at Edward Garner hit him in the back of the head (Tennessee v. Garner). Edward Garner was taken to the hospital by an ambulance, where he died on the operating table (Tennessee v. Garner). Even though Edward Garner was unarmed when Officer Hymon found him at the 6-feet high chain link fence the Officers did find ten dollars and a purse taken from the house on his body (Tennessee v. Garner). After this night in October 1974, when Edward Garner was shot and killed by Officer Hymon while he was fleeing the scene of the crime, Officer Hymon felt that he was justified in shooting him to prevent his escape even though he knew that Edward Garner was unarmed(Tennessee v. Garner). Officer Elton Hymon believed that his action was an acceptable because of a Tennessee statute that states that, if, after a police officer has given notice of an intent to arrest a crimina l suspect, the suspect flees, or forcibly resists, â€Å"the officer may use all the necessary means to effect the arrest† (Tennessee v. Garner). I believe that Officer Elton Hymon did not have to kill Edward Garner justShow MoreRelated Tennessee v. Garner 1985 Essay802 Words   |  4 PagesName:  Ã‚  Ã‚  Ã‚  Ã‚  Tennessee v. Garner Citation:  Ã‚  Ã‚  Ã‚  Ã‚  No. 83-1035, 83-1070 (1985) Facts:  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a â€Å"prowler inside call.† When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someoneRead MoreThe Death Of Tennessee V Garner1400 Words   |  6 PagesSidney Hildebrandt Tennessee V Garner 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 constitutionalRead MoreTennessee V. Garner Essay813 Words   |  4 PagesName: Tennessee v. Garner Citation: No. 83-1035, 83-1070 (1985) Facts: On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a prowler inside call. When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across theRead MoreThe Amendment Of The United States Constitution1767 Words   |  8 Pageslethal encounters, this research will show the benefits of less lethal measures. Introduction Police use of force, non-lethal and lethal has and always will be a highly debated topic of law enforcement. There will always be critics of every type of case whether it warranted lethal or non-lethal force. Let’s start out first with the definition of use of force by the International Associations of Chiefs of Police that amount of effort required by police to compel compliance from an unwilling subjectRead MorePolice Reform : 1960s And Today s Society1732 Words   |  7 Pagesthe police since that is who they turn to when they need help. That’s why the police created programs that made the communities relationship better with minorities. The Kerner commission influence two important supreme court cases that have effect two important court cases that have influenced the American people’s rights. In 1961, police officers forced their way into Dollree Mapp’s house without a search warrant. The police assumed that Mapp was letting a suspected bomber in her home and theyRead MoreThe Reasonableness Of A Deadly Force Seizure811 Words   |  4 PagesIn 1985 the U.S. Supreme Court ruling in Tennessee v. Garner severely restricted the circumstances under which law enforcement officers may use deadly force to arrest a suspect. In assessing the reasonableness of a deadly force seizure per the fourth amendment, the Court ruled that the need for a police intrusion had to be weighed against its risks, and determined that common law any-fleeing-felon statutes were unconstitutional. In a narrative give the facts, issues, and court holdings. (ncjrs.govRead MorePolice Profiling And The Media1325 Words   |  6 Pagesvictims†, every incident and case is different and the media does not always show or tell both sides of the story. In this paper I will be investigating two incidents that have occurred in the past year regarding black suspects being shot and killed by white police officers. One case happened in South Carolina and the other in Illinois. After investigating and finding facts I will then compare both cases to the Supreme Court case: Tennessee v. Garner 1985, and determine what case is the most alike to itRead MoreEssay on Use of Force in Law Enforcement2254 Words   |  10 Pagesexcessive, and deadly force. The authority for law enforcement officers to use force comes from the United States Constitution (case law), state statutes, and department policy. Law enforcement use of force is very important because it involves the patrolman on the street, the corrections officer in jails and prisons, and the c ourts where excessive use of force cases are held. Often times while attempting to make an arrest, a law enforcement officer will have to use the appropriate use of forceRead MoreCj 499-01 Unit 3 Crime Scenario Analysis1733 Words   |  7 Pagesgovernmental interest at stake. The Supreme Court has stated that this involves the inception (How it all started in the first place), the manner of force used (what did the officer do), and the duration (how long was the action) (Graham v Connor, 1989; Tennessee v Garner, 1985). In analyzing the above listed scenario, the information provided by the alleged victim to the officer includes three alleged crimes. These alleged crimes include First Degree Robbery RCW 9A.56.200, Assault II with a Weapon RCWRead MoreThe Crime Of The Police Essay1629 Words   |  7 PagesIntroduction When we think of the police, we normally think of the brave men and women out on the street, enforcing the law, catching criminals, helping out the public in cases of emergency and making us feel safe in general. Most of the Police in most of the world is like that which is a good thing, However in the United States of America the police here are a bit more ruthless. Most of the police officers are very nice people and they really do want to help out in their community, but unfortunately