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A case study approach
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Overview
Facts of the case
Examining the Fourth Amendment
Applying/interpreting the law
Making a decision
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Vote with your feet
• Is it reasonable for law enforcement to
stop a fleeing car in a high speed chase by
hitting the car off the road?
• Yes it is reasonable
• No it is not reasonable
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The Fourth Amendment
• What do we need to know?
• What does the U.S. Constitution
say?
• What does it mean?
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The Fourth Amendment
The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation,
and particularly describing the place to be
searched, and the persons or things to be seized.
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The Fourth Amendment
The right of the people to be secure in
their persons, houses, papers, and
effects…
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What is unreasonable???
…against unreasonable searches
and seizures…
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Do you always need a
warrant?
…shall not be violated, and no
Warrants shall issue…
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What is probable cause?
…but upon probable cause…
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The Fourth Amendment
…supported by Oath or affirmation, and
particularly describing the place to be
searched, and the persons or things to be
seized.
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The Fourth Amendment
The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation,
and particularly describing the place to be
searched, and the persons or things to be seized.
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Seizure - Definitions
A Fourth Amendment seizure occurs
when:
• There is government termination of
freedom of movement through means
intentionally applied; or
• An officer by means of physical force or
show of authority restrains the liberty of a
person.
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Case Study – Handout
Facts
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Facts of the Case (Handout)
Circle or highlight all relevant facts
Overview and review of facts
Trace the case through the courts
Apply the U.S. Constitution and precedent
Make a decision
• Factual scenario – read and dissect
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Case study
1. Is it reasonable for Deputy Scott to stop a
high speed chase by hitting Mr. Harris’ car
thereby causing serious bodily injury?
2. Did the officer violate the Fourth
Amendment by using excessive force
during the high-speed chase?
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Tennessee v. Garner
• What is deadly force?
• How does it apply?
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Tennessee v. Garner:
the statute
A Tennessee statute provided that, if,
after a police officer has given notice of
an intent to arrest a criminal suspect,
the suspect flees or forcibly resists, "the
officer may use all the necessary
means to effect the arrest.“
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Tennessee v. Garner:
Facts of the Case
• Acting under the authority of this statute, a Memphis
police officer shot and killed a young man who was
fleeing over a fence in the backyard of a house he was
suspected of burglarizing, after being told to halt.
• The father of the young man brought an action in
Federal District Court, seeking damages under 42
U.S.C. 1983 for violations of his son's constitutional
rights.
• What do you think? Is the statute constitutional?
• What about the officer’s actions? Were they
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Affirmed the decision of the Court of
Appeals; held unconstitutional.
U.S. Supreme
Court
U.S. Court of Appeals: Reversed the
decision of the district court; held that
killing a fleeing suspect is a “seizure”
U.S.
Court
of Appeals
reversed
under
the Fourth
Amendment
and such athe
seizure would only be reasonable if the
decision
of the District Court.
suspect posed a threat to the safety of
police officers or the community at large.
The District
heldCourt
thatheld
thethat
statute
waswas
District
Court: Court
The District
the statute
constitutional
and the
actions were
reasonable.
constitutional
andofficer's
the officer's
actions
were
reasonable.
Tennessee v. Garner in the
Federal Courts
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Tennessee v. Garner:
The Case in the Courts
• Held: The Tennessee statute is
unconstitutional insofar as it authorizes the
use of deadly force against, as in this case,
an apparently unarmed, non-dangerous
fleeing suspect; such force may not be used
unless necessary to prevent the escape and
the officer has probable cause to believe that
the suspect poses a significant threat of
death or serious physical injury to the officer
or others. Pp. 497 U. S. 7-22
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U.S. Supreme
Court
U.S. Court of Appeals: Affirmed the
decision of the district court; Scott’s
actions constituted an unreasonable
U.S.
Court of appeals affirms the
seizure in violation of the 4th
decision ofScott’s
the District
Court.
Amendment;
use of deadly
force was unconstitutional.
District Court: Harris filed suit against Deputy Scott alleging Scott
court finds
favor of
Mr.
violatedDistrict
his constitutional
right toin
protection
from
an Harris
unreasonable
seizure because he used deadly force during a high speed chase. Harris
prevailed.
Scott v. Harris in the
Federal Courts
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Applying the law
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Think about the facts of the case
Think about the Fourth Amendment
Think about case law
Think about the questions before the Court
What else do you want to consider?
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Case study
1. Does an officer who stops a high-speed
chase by hitting the car off the road and
causing serious injuries violate the
driver’s Fourth Amendment rights?
2. Did the officer violate the driver’s Fourth
Amendment protections by using
excessive force during a high-speed
chase?
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What is a PIT maneuver?
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Case study
1. Does a police officer who stops a highspeed chase by hitting a fleeing suspect's
car off the road causing serious bodily
injury violate the Fourth Amendment's
protection against unreasonable seizure?
2. Did the officer violate the Fourth
Amendment by using deadly force during
a high-speed chase?
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Question before the
Court
• Individuals should write down their answer to the
question based on the facts of the case and the
law. In other words did Deputy Scott violate the
Fourth Amendment?
• Why? Give reasoning
• Apply the law and reach a decision of the Court.
• Select a Chief Justice. Poll your group. Everyone
speaks once before anyone speaks twice.
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Decision of the US Supreme
Court
• U.S. Supreme Court in an 8 to 1 decision
ruled that Deputy Scott did not violate the
Fourth Amendment. Reversed the 11th
Circuit and found Deputy Scott should be
entitled to summary judgment.
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Holding of the U.S.
Supreme Court
Held: Because the fleeing driver posed a
substantial and immediate risk of seriously
injuring others, Deputy Scott’s attempt to
end the chase by forcing the driver off the
road was reasonable.
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