On October 3, 1974, Memphis police officers Leslie Wright and Elton Hymon were called to a burglary. Officer Hymon went to the back of the house and saw someone running away. That person running away was 15 year old Edward Garner. Garner approached a chain link fence. He stopped. Officer Hymon used his flashlight and could tell that Garner was unarmed. Officer Hymon then told Garner to stop but Garner started to climb the chain link fence. That 's when Officer Hymon shot and killed Garner. A purse and ten dollars were found in Garner 's possession from the house. Hymon admitted in court that Garner appeared to be unarmed. The court decided that killing a fleeing suspect is a “seizure” under the fourth amendment and such a seizure would