feb 23, 1985 - Tennesse V. Garner

Description:

Prior to Tennessee v. Garner use of force and what was unreasonable force was dictated by the Fourteenth Amendment's due Process Clause which focused on 4 factors
- The need for use of force
-The proportionality of the force use
-The extent of injury to the suspect
-The subject intent of the officer

In Tennessee V. Garner the United States Supreme Court agreed that the shooting violated constitutional rights and instead of relying on the Fourteenth Amendment police use of deadly force should now be governed by reasonable requirement found in the Fourth Amendment.
The Supreme Court held that "The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable…Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so.”
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LoRusso, Lance J. “Tennessee v. Garner: The Enduring Test of ‘Objective Reasonableness.’” Police1, 27 Mar. 2020, www.police1.com/legal/articles/tennessee-v-garner-the-enduring-test-of-objective-reasonableness-cYjlsV2eXSd7SbeV/.


https://www.police1.com/legal/articles/tennessee-v-garner-the-enduring-test-of-objective-reasonableness-cYjlsV2eXSd7SbeV/

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