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Hymon V. Garner Case Study

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Before the Garner case there were four rules that dictated lawful deadly force by an officer on a suspect. The Any Felony Rule, The Defense of Life Rule, The Model Penal Code, The Forcible Felony Rule. The Any Felony Rule gave officers the authorization to use any and all means necessary to arrest a felon suspect or prevent them from fleeing. It was interpreted as giving law enforcement the legal permission to shoot an unarmed fleeing felony suspect. The defense of life rule states that police officers can use deadly force only in situations were their own lives or the life of another person are in danger. The Model Penal Code states that and individual commits involuntary manslaughter when they commit a criminal homicide in a reckless …show more content…

When they arrived, a neighbor flagged the officers. The neighbor told them that she heard glass breaking next door. Hymon’s partner contacted dispatch while he headed to the backyard. Edward Garner Ran across the backyard and stopped to climb a six foot tall fence at the edge of the yard. Hymon shined his flashlight and Ganer and was able to see that Garner didn’t have a weapon. Hymon stated that he was “reasonably sure” and “figured” that Garner was unarmed. He believed that Garner was 17 or 18 years. While Garner was attempting to climb the fence, he ordered him to halt. While Garner was climbing over the fence Hymon shot him to prevent his …show more content…

His complaint alleged that the shooting violated Garner’s Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendment rights under the United States Constitution. Officer Hymon was named a defendant, along with the Police Department, and the Mayor as well as the city of Memphis. After a bench trial the District Court dismissed the claims against the Mayor and the Director, because of a lack of evidence. The court concluded that Hymon’s actions were constitutional, because they where authorized by the Tennessee statute. The court said that Hymon had exercised his only reasonable and practicable means of preventing Garner’s

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In comparison to Ed Finch’s story, both men had their community protested for an investigation about their occurrence. The results of the investigation was that Officer Pantaleo was not charged as opposed to Chief Hutchinson being suspended. There were dissimilarities in the circumstances of their arrests. Garner was unarmed and did not fight the arrest, with the exception of trying to move to breathe, while Finch tried to hit the officer with a nearby garden tool. The means of death for the two men differed in that Finch died due to a shooting while Garner died due to a

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1. Facts: “Tennessee vs. Garner” - the decision of the Supreme Court of the USA in 1985 (471 US (1985), which deals with the application of the Fourth Amendment to the US Constitution . According to this decision, a police officer pursuing a suspect should not endanger life-saving escape, if the fugitive does not pose a threat to the life and health of others and / or the policeman himself. October 3, 1974 around 22:45 the officers police Memphis Lesli Rayt and Elton Haimon were on call on a burglary. Haimon walked around the house, while Wright maintained contact with the police station with the help of a walkie-talkie.

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The case of Tennessee v Garner The case of Tennessee v Garner is about use of deadly force, officer shot and killed and unarmed suspect in an ongoing robbery. Facts of the case Memphis officers Leslie Wright and Elton Hymon were called about a robbery taking place. Once they arrived on the scene the neighbor who called the robbery told the officers she heard glass breaking and someone was trying to break in.

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In the case of Tennessee vs Garner 471 US 1 1985 Edward Garner a 15 year old young man broke into a house, he was found hiding outside in the backyard by responding Officer Elton Hymen. Gardner made a fatal decision to flee even after being ordered by the police to stop, Garner tried to climb a six foot fence at that point officer Hymen shot and killed Garner. In this case the U.S. Supreme Court declared the “Fleeing Felon Doctrine” unconstitutional in that it violated the Fourth Amendment in that it was an unreasonable seizure. In Justice White delivery of the Courts opinion they “conclude that such force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant

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His neighbor appears to be intoxicated and becomes violent when the officer reaches for his handcuffs. He takes a swing at the officer and then attempts his escape. Thirty years prior, the officer would have had the option to draw his weapon and fire or risk a dangerous car chase. Thankfully, he has a Taser gun on his belt. He is able to draw, fire, and apprehend the subject with little effort and no loss of life.

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This idea came up in a major Supreme Court case in 1985 called Tennessee v. Garner where the judges questioned the constitutionality of shooting at an unarmed suspect. In this case, a police officer from Memphis came out to a neighborhood at night to investigate a complaint of a possible burglary. Upon arrival at the house in question, the officer heard a noise and saw a person trying to escape over the fence. When the suspect did not stop after a warning from the officer, the policeman shot and killed the suspect. After a long series of trials, the previous statute of Tennessee was overturned and replaced with a new one that included a new phrase.

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