The District Court concluded that Hymon’s actions were authorized by the Tennessee statute, which in turn was constitutional. The officer does have the authority to shoot at a fleeing suspect when the officer reasonably believes that the escapee poses a threat to the safety of others. An officer with probable cause has the authorization to seize a suspect, but he may not always do so by killing or lethal force. But the officer in this case could not have reasonably believed that the deceased posed such a threat to justify lethal force. The U.S. Court of Appeals for the Sixth Circuit reversed, holding that killing a fleeing suspect is a "seizure" under the Fourth Amendment and such a seizure would only be reasonable if the suspect posed a threat to the safety of police officers or the community at
The first issue brought to the viewer’s attention during this documentary the police’s actions during arrests; this came up during the story of Anthony Baez. Anthony was killed by police after his football hit a cruiser parked on the street. Officer Livoti choose to place Anthony Baez in a chokehold until he lost consciousness then placed him under arrest and dragged him to the patrol car without calling for the paramedics. There is no reason to put someone in a chokehold as an officer; especially since they are equipped with pepper spray, taser, baton, handcuffs, and gun. For whatever reason Officer Livoti decided to attack Anthony Baez for, he did not have any reason to place Baez in a chokehold.
Officer Hymon used deadly force to stop Mr. Garner. In Tennessee, Office Hymon was “acting under the authority of a Tennessee statue and pursuant to Police Department policy. This policy states, 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 effect the arrest" JUSTIA US Supreme Court Tennessee v. Garner 471 U.S. 1 (1985). Mr. Garner’s father thought the use of deadly force was wrong. However “the Court of Appeals for the Sixth Circuit affirmed with regard to Hymon, finding that he had acted in good faith reliance on the Tennessee statute, and was therefore within the scope of his qualified immunity.”
The Court, in a decision written for the majority by Justice Byron White, said that the use of deadly force against a fleeing suspect is not always unconstitutional. Deadly force can be used if there is probable cause that the fleeing suspect poses a serious threat to the officer or
He was born in a log cabin near the town of Detroit. He was the son of a cavalryman under general Joseph Wheeler. John entered vanderbilt university at age 18,but only stayed there for one semester. He was the thirty-second vice-president of the united states. He was the most powerful man in congress when he chose to join franklin Delano.
When Garner kept begging for air, why didn’t the officer let go? In an Al Baker’s article that I read, Obama stated “When anybody in this country is not being treated equally under the law, that is a problem,” Mr. Obama also said, “and it’s my job as president to help solve it.” (Baker). In both cases the suspects were unarmed and showed no real threat to officers, yet the officer took lethal action. Aren’t officers suppose to look out for the greater good of the civilians, not endanger
In today’s modern society, many feel that is okay for a police officer can kill a man armed with a harmful weapon at any cost. On many news channels, there are various amounts of articles and reports about a police officer committing this act. Even though a police officer has the right to take action against an armed man, this could be argued in many circumstances. In the 2013, Sammy Yatim was a young adult with a mental illness and was armed with a weapon on a streetcar in Toronto. Yatim was confronted by Const.
One common opinion is that officers should not use more force than is necessary or reasonable, and even then, that force should be used only as a last resort. “Police use force to affect civilians’ conduct. On a day-to-day basis, they do so most often by employing the least degree of force available to them, their mere presence. Cops wear uniforms and drive distinctly marked cars so that, without saying a word, they may have an effect on citizens’ behavior” (Fyfe, 38). When an officer’s presence fails to fulfill the desired conduct, the next course of action for said officer would be verbalization.
Officer Daniel Pantaleo then put an arm around his neck and under his arm and rammed him against the ground. The other police officer present suggested letting go of the strict hold, but Pantaleo did not listen. He instead continued to pull his arm tighter around Garner’s neck and place him in a chokehold. Eric Garner was recorded to have yelled “I can’t breathe” eleven times as the officer relentlessly choked him to death while bystanders recorded and watched helplessly (Gross). In the police report, there was never a mention of the use of a chokehold.
Police officers have vowed their life to protect and serve. They risk their lives every day for their communities. As the last few years have sped past us, police officers have been very aggressive with the force they use when arresting a suspect, or even people in general. According to a Texas article on Civil Liberties and Civil Rights, “police officers typically use force offensively rather than defensively and do so with at least some degree of premeditation.” (Gross,2013, page 167).
I have more than seven years of experience as a police officer, and the last thing an officer wants to do is use deadly force. Using deadly force is the nature of the occupation in law enforcement, conversely, it is a split second decision that’s not a routine one, but we receive training so we can recognize situations and when to properly deploy deadly force. However, the United States Supreme Court very seldom get involved in police use of force cases, except for the Tennessee vs Garner case was the first time. In the past, the police relied on the Tennessee statue stating the officer can use all and any means to effect an arrest, which was using deadly force and that particular case involved an unarmed man fleeing.
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.
Minnesota Duluth Police Department: The DPD suggests that use of deadly force is justified in the following scenarios: to keep peace officers or others, safe from death or great bodily harm, to make an arrest of someone who is believed to have committed a felony and use or threatened deadly force, or to make an arrest of someone who is attempting to commit a felony and the officer believes the person may use deadly force if he/she is not captured. Furthermore, use of deathly force towards a moving vehicle is only reasonably used when there is no way to avoid the threat of a vehicle or deadly force coming from the vehicle with other means. Minneapolis Police Department: The MPD has the same three scenarios of when to use deadly force, which include: to keep peace officers safe, or others; safe from death or great bodily harm; to make an arrest of someone who is believed to have committed a felony and use or threatened deadly force; or to make an arrest of someone who is attempting to commit a felony and the officer believes the person may use deadly force if not captured. In their policy, MPD goes on to talk about the Tennessee vs Garner case which states that: warning shots should not be fired, the use of several objects may constitute use of deadly force, the policy does not prevent officers
I feel as if a police officer is in fear of his life then he should be able to draw his weapon and shoot an assailant. My first opinion is that police officers just do not want to go out and shoot someone. In fact in Las Angeles County there were 148 police involved
For decades now, the controversy over deadly force has continued to show up in the news when police officers have acted in a manner that some citizens find just while others deem completely unfair. Many lawsuits stemming from shootings and crimes have found their way to local courts or the Supreme Court to deal with this issue. A portion of the U.S. population finds deadly force unnecessary when non-lethal weapons such as pepper spray or batons just as easily subdue the criminal. In addition, these citizens argue that officers might be liable for cases filed against them if they use excess force on people that seem suspicious but have not actually committed a crime. On the other hand, the opposing argument in favor of deadly force states that
