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Tennesee vs. Garner

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Tennesee vs. Garner
Tennessee v. Garner was a case in which the Supreme Court of the United States held that under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. Before Tennessee v. Garner some states had it written in law that they could use any means in order to apprehend a fleeing felon, including deadly force. Unfortunately a 15 year old kid had to be killed before someone challenged that law and say it violates their constitutional rights.
At about 10:45 p.m. on October 3, 1974, Memphis Police Department Officers Leslie Wright and Elton Hymon were dispatched to answer a burglary call next door. Officer Hymon went behind the house as his partner radioed back to the station. Hymon witnessed someone running across the yard. The fleeing suspect, Edward Garner, stopped at a 6-foot-high chain-link fence. Using his flashlight, Hymon could see Garner's face and hands, and was reasonably sure that Garner was unarmed. Garner was fact 15 years old. After Hymon ordered Garner to halt, Garner began to climb the fence. Believing that Garner would certainly flee if he made it over the fence, Hymon shot him. The bullet struck Garner in the back of the head, and he died shortly after an ambulance took him to a nearby hospital. Ten dollars and a purse taken from the burglarized house were found on his body. (TENNESSEE V. GARNER)
When this encounter took place the officers were acted in line with the Tennessee state statute. Part of the statute stated that "if, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to affect the arrest." (TENNESSEE V. GARNER) According to the statute they were completely just in shooting Garner. But did Garner really pose a threat to the world

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