Preview

Tennessee Vs Garner Research Paper

Good Essays
Open Document
Open Document
750 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Tennessee Vs Garner Research Paper
Tennessee v. Garner
The landmark case of Tennessee v. Garner took place in 1985 in Memphis, Tennessee. One evening in October of 1974, an officer who had responded to a burglary in progress call, shot an unarmed 15 year old boy named Edward Garner who was running away from him. The boy had in fact stolen ten dollars “and some jewelry from an unoccupied house” (Criminal investigation, 2013, p. 246). As the officer shouted at his back for him to stop, he attempted to flee by jumping a fence. At this time, the officer whose weapon was believed to already be drawn, shot the teen, fatally wounding him. He died that night at the hospital during surgery from a gunshot wound to the back of the head.
This case called for the Supreme Court to rule that police “may not seize an unarmed, nondangerous suspect by shooting him dead” (Criminal investigation,
…show more content…

Just months ago, an unarmed man was killed by an officer in Charleston, South Carolina as he ran away from him. The officer fired multiple rounds hitting the man at least 7 times, killing him. In my opinion, because the man was older than the officer, had not committed a violent crime, nor was he trying to harm the officer, he did not pose much of a threat in this occurrence. It has become more and more common for this to happen.
Initially, no charges were brought against the officer for this incident. Edward Garner’s father then filed a claim with the Federal District Court with no success. They had affirmed the decision that the officer had acted in good faith and within reason. The dissenting opinion of the Court was that the officer had done no wrong and acted rationally under the statute of the state and the departmental policy. The majority opinion was that the 4th Amendment had been violated because the reasonableness of the officers action could not be validated as no harm had been attempted on


You May Also Find These Documents Helpful

  • Good Essays

    In 2002, Lemon Montrea Johnson was the passenger in the backseat of a car stopped for a traffic violation. Johnson was charged with; inter alia, possession of drugs and possession of a weapon by a felon. These items were discovered during a protective pat-down search of Johnson. Johnson was convicted by the trial court. Johnson argued that his conviction should be overturned because the trial court was in error by denying his motion to suppress the evidence. He argued that he had been unlawfully “seized” because being a passenger in a vehicle does not automatically constitute “seizure.” He furthered argued that even if he had been “seized,” that by the time Officer Trevizo searched him he was no longer “seized” as their conversation had become consensual. Furthermore, the evidence should not be considered because the search violated his Fourth Amendment rights and because the…

    • 4995 Words
    • 20 Pages
    Good Essays
  • Good Essays

    Terry V. Ohio Case Brief

    • 581 Words
    • 3 Pages

    The case originated back in October 1963, involving John W. Terry and Richard Chilton. The two men were seen on a corner by veteran police detective, Martin McFadden, of the Cleveland Police Department, Ohio. According to the officer, the two men were acting in a suspicious way, by peering into the same store window. The two men were seen making multiple trips toward the window, when a third man came into the scenario. The officer suspected the men of “casing” the store for robbery. The officer followed the men and then stopped and questioned them. He first grabbed Terry and conducted a pat down and located a pistol on the inside of his jacket. Finding the weapon, he ordered the men into the nearby store, where a more invasive search ensued. He then removed Terry’s jacket and removed the weapon from its holster. A weapon was also found on Chilton, and both were charged with carrying concealed weapons.…

    • 581 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    On May 6, 2016 a police officer found himself facing a young African American holding a pistol. Police officer, Stephan Mader, was let go from his position weeks later for not shooting the African American with the pistol. Stephan Mader is suing the city because he does not think it is fair that he was let go for not shooting a person. The reason Stephan Mader did not shot the African American was because it seem that the guy, Mr. Williams, wanted to commit suicide by a police officer. Mr. William told Stephan to shot him. Stephan was trying to come down Mr. William until two other police officer saw Mr. William waving the gun and shot him dead. Then they notice that the weapon that Mr. William had was not loaded. A country prosecutor had…

    • 285 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Tennesee vs. Garner

    • 819 Words
    • 3 Pages

    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.…

    • 819 Words
    • 3 Pages
    Better Essays
  • Satisfactory Essays

    There are many people that oppose my opinion. Many people believe that officers do not use excessive force, that what happens is not police brutality and that these officers are only doing their job. There is no doubt that some are doing exactly that, their job, but when there is an officer that is shooting at a young man several times is unnecessary. This happened to Michael Brown, according to Darren Wilson, the officer that shot him, he fit the description a suspect who had stolen cigarettes. The officer pulled over Michael Brown and his friend. Michael Brown got away and the officer chased after him and many witnesses said that Brown was surrendering to the officer, while others said that Brown was charging toward the officer, either way,…

    • 247 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Mapp v Ohio

    • 434 Words
    • 2 Pages

    ii. On May 23, 1957, police officers in Cleveland, Ohio believed that a suspect in a bombing, as well as some illegal gambling equipment, might be found in the home of Dollree Mapp. Officers went to the home and asked for permission to enter, but Mapp refused them without a search warrant. Three hours later, the two returned with several other officers. Showing off a piece of paper, they broke in the door. Mapp asked to see the “warrant” and took it from an officer, putting it in her dress. The officers struggled to take it away from Mapp and snatched the piece of paper away from her. They then handcuffed her. The 4th Amendment protection against “unreasonable searches and seizures” and the “nationalization” of the Bill of Rights under the 14th Amendment was questioned before the Court. The illegal search in Mapp’s home and whether the evidence was admissible was challenged by many.…

    • 434 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Trayvon Martin Case Study

    • 1244 Words
    • 5 Pages

    cases regarding the death of an unarmed Eric Garner due to inappropriate use of police force as…

    • 1244 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Tennessee V Garner Essay

    • 587 Words
    • 3 Pages

    Tennessee v. Garner (1985) is based on an incident that took place October 3, 1974. Briefly, the facts of the case are that a Memphis police officer, Elton Hymon, shot and killed an unarmed fifteen year old, Edward Garner, who was fleeing the scene of a home burglary at approximately 10:45 p.m.. The officer identified himself as the police and gave a command to halt. Garner stopped at the base of a chain-link fence, and then began to scale the fence when Hymon fired a shot, striking Garner in the back of the head which resulted in his death later at a local hospital. Hymon testified he saw no sign of a weapon and was “reasonably sure” and “figured” Garner was unarmed and if he scaled the fence, he would get away (Tennessee v. Garner, 1985, App. 41, 56; Record 219). Hymon believed he was justified in shooting Garner as stated in Tennessee Code Annotated 40-7-108 (1982), "[i]f, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest" and congruent with department…

    • 587 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    The Merit case of Fernandez v. California is seeking to determine whether the Constitutional rights of Walter Fernandez were violated under the 4th Amendment when law enforcement conducted a search of his residence upon obtaining consent from his girlfriend, who was also a resident, after Fernandez was taken into custody (and had stated his objections to the search while at the scene). In Georgia v. Randolph (2006), in a 5 to 3 decision, the Supreme Court held that when two co-occupants are present and one consents to a search while the other refuses, the search is not constitutional. This paper will provide a statement of the decision, based on current law, research and issues that the writer has determined the Court should make including an analysis of the constitutional principles, Court precedents, facts of the case, and other relevant information.…

    • 1691 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Georgia “On the night of August 11, 1967, 29-year-old William Joseph Micke, Jr., came home from work to his wife and five children in Savannah,Georgia. He went to bedaround midnight. Two hours later, the Mickes were awakened by strange noises in thekitchen. Thinking that one of his children was sleepwalking, William Micke went to thekitchen to investigate. Micke found 26-year-old William Henry Furman in the kitchen.Furman was a poor, uneducated, mentally ill African American who had broken into the house and was carrying a gun. When he saw Micke, Furman fled the house, shooting Micke as he left. The bullet hit Micke in the chest, killing him instantly. Micke's family immediately called the police. Within minutes, the police searched the neighborhood and found Furman still carrying his gun. Furman was charged with murder.” (Source C). http://www.enotes.com/supreme-court-drama/furman-v-georgia. N.p., n.d. Web. 19 Apr…

    • 362 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Garner had the basic human right to live and not be shot to death for the commission of a nonviolent crime. However, man-made law was in effect and was interpreted literally without any regard for severity of crime and ultimate outcome of actions. Garner had the right to due process; a right that was asserted to have been violated when he was shot to death. However, Garner chose to violate the law and commit burglary and not surrender himself when ordered to do so, thus subjecting himself the myriad of possible actions and events that fell upon him. I am not condoning the killing, but at that time and place in society, those were the risks he took and faced regardless of the practicality of the law.…

    • 201 Words
    • 1 Page
    Good Essays
  • Good Essays

    This is usually pulled in the stereotype off how many officers target many African American and judge them because of their skin tone. This is could possibly be just a stereotype caused by altered video recording, yet more than enough cases have been presented to form an organization, Black Live Matter, that opposes this. This organization was created to fight along the opposing of the controversy on the subject after the Police officer George Zimmerman was not held responsible for his action towards the Trayvon Martin, a seven-teen-year-old, who was shot for no particular reason, and was injured after no evidence at the moment of the ‘crime’. Although at the moment of the crime there is mostly a “do or die situation,” there should still be a few guidelines before taking out a gun and pointing at a civilian. There is no way an officer can arrive at the distress situation and analyze the circumstances, meaning he does not know who the real victim is. Assuming who is the victim by people running away is a problem that is associated with the racism in this case. The regulation of a hit and run situation should involve an action less harmful which can prevent death from a pull of a trigger. Cops should have certain weapons besides guns that can paralyze the suspect. These regulations can save many of innocent lives from the hands of cops…

    • 1036 Words
    • 5 Pages
    Good Essays
  • Better Essays

    The criminal justice issue that I plan to study is the Stand Your Ground Law. This paper will analyze the history of the Stand Your Ground Law and the NRA’s (National Rifle Association) involvement in getting this law passed in Florida as well as in other states. I will give statistics of how race plays a huge role in this law. The “Black Lives Matter” movement will also be discussed. Recommendations will be given to commissioner Bratton on what to do if these laws were to be passed in New York City.…

    • 2370 Words
    • 10 Pages
    Better Essays
  • Satisfactory Essays

    When Michael Brown, an unarmed black teenager, was fatally shot by a police officer in Ferguson, Missouri, in August 2014. Several witnesses said Mr. Brown punched Officer Wilson while Mr. Brown was partly inside the vehicle. Also in Baton Rouge, Louisiana, Alton Sterling was shot to death by two police officers graphic cellphone video recorded by a witness and the store’s owner, appears to show Alton a thirty-seven years old being tackled and shot as two cops pin him to the ground before he is killed, authorities said. Today people keep asking what will be the end of violence in our country.…

    • 361 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Castle Doctrine Thesis

    • 1142 Words
    • 5 Pages

    This paper will discuss the stand your ground laws and also the castle doctrine. These laws play a big role in today’s society and also, at times create a blurry line in terms of self defense. This can be seen in the case of Trayvon martin and George Zimmerman. This was when an unarmed black teen by the name of Trayvon Martin, was shot and killed by George Zimmerman, the unofficial neighborhood watch man. Zimmerman stated that the death occurred due to self defense and that the case fell under the stand your ground law. The Jury’s verdict then acquitted Zimmerman of the charge of second degree murder. This high profile case caused much controversy and reawakened the question of what is self-defense and what is murder. Furthermore this paper will discuss whether or not these laws just and fair or are a license to kill.…

    • 1142 Words
    • 5 Pages
    Better Essays