USE OF FORCE 20.1.4
Tennessee v. Garner, 105 S.Ct. 1694 (1985).
PLAINTIFF:
Cleamtee Garner, father of the deceased Edward Garner who was
shot while he fled a crime scene.
DEFENDANT:
The State of Tennessee and the Memphis Police Department
ISSUE:
Whether or not use of deadly force to prevent an escape is constitutional
under the Fourth Amendment.
FACTS:
Officers responded to a burglary of a habitation call when they saw the
Edward Garner flee from the residence. One officer ordered Garner to stop, but Garner
attempted to flee by climbing a fence. The officer shot and killed Garner pursuant to then
Tennessee statute authorizing the use of “all the necessary means to effect the arrest,”
including deadly force. Garner’s family brought a wrongful death suit against the
officers and police department alleging that the use of deadly force violated the 4th
Amendment. The officer testified at trial that he did not believe that Garner was armed at
the time.
HOLDING: The use of deadly force is a seizure subject to the scrutiny of the 4th
Amendment and must be reasonable under the circumstances. The Court determined that
the use of deadly force to prevent escape of all felony suspects is constitutionally
unreasonable UNLESS it is 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. The Court further reasoned that the fact that an unarmed
suspect had broken into a dwelling at night did not automatically mean that he was
dangerous.
CONCLUSION:
The “fleeing felon” rule prohibits the use of deadly force by an
officer unless it is necessary to prevent an escape and the suspect poses a significant
threat of death or serious physical injury.