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Why Is Tennessee V. Garner Important

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Tennessee v. Garner Assignment Tennessee v. Garner is a case where police used deadly force. This is a great case to examine when deadly force should or should not be used. The Fourth Amendments states, the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This right should not be violated. “Seizure under the fourth amendment would only be reasonable if the suspect posed a threat to safety of police officers or the community at large” Tennessee v. Garner (1985.) In the case of Tennessee v. Garner, there were only two involved, Officer Elton Hymon and Mr. Edward Garner. On the October 3, 1974 Officer Hymon and Wright were sent by dispatch to answer a prowler inside the house call. While Officer …show more content…

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.” (JUSTIA US Supreme Court) In conclusion of the case a 6-3 decision, it was ruled that “The Tennessee statute was unconstitutional as far as it allowed deadly force to prevent the escape of an unarmed fleeing felon.” Tennessee v. Garner (1985.) Tennessee’s original law for the use of deadly force was unconstitutional. After the verdict was read on this case this law changed, there was more of a restriction on law enforcement using deadly force. NCRJS

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