Reasonableness and Police Use of Force

Question 1

Tennessee v. Garner (1985)

Answer 1

Police went to answer a call about a break in, went behind house, saw Garner fleeing across backyard - suspect stopped at a fence. Officer had a light and saw Garner’s face and hands and saw no weapon and was “reasonably sure” that he was unarmed. When asked to stop, Garner climbed over fence and officer shot him – he died. TN law allowed officer to use deadly force to prevent Garner’s escape.

• RULE: Deadly force may NOT be used unless it is necessary to prevent the escape of the suspect 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 > does not have to be a present danger at play!

Garner’s Test of Deadly Force:
- A PO may use deadly force against an apparently unarmed suspect if:
o (1) The suspect is trying to escape; and
o (2) There is PC to believe that the suspect poses a threat of death or serious physical harm
 To the officer; or
 To others; and
o (3) If feasible, some warning is given
- PC may be established by (1) threats to officer or others with weapon or (2) PC to believe that suspect has committed a crime involving inflicting or threatened infliction of serious physical harm
- *Note: PC of committing past violence crime could allow usage of deadly force even if no present danger exists
- The court in Harris and Rickard seemed to restrict Garner to its facts rather than threat it as a set of conditions of usage of deadly force; instead, the court has opted for a balancing of danger on both sides.
Further, Harris injects the “relative culpability” of the parties into the reasonableness balancing.

Question 2

Graham v. Connor (1989)

Answer 2

D is diabetic, went to store to get juice. Officer saw D hastily leave store, became suspicious, followed car and made an investigatory stop. Assumed D was drunk, handcuffed him and shoved him face down into car. When D asked if he could reach for his wallet to show him his diabetic decal they told him to shut up and threw him headfirst into police car, refused to let him drink juice. D sustained a broken foot among many other injuries. He alleges excessive force.

• Claims of excessive force during an investigatory stop, arrest, or other seizure should be analyzed under 4th Amend’s reasonableness standard!!!!
• evaluation of an excessive force claim should occur under the 4a, tethered to reasonableness
• Balancing nature and quality of intrusion on individuals 4a interests AGAINST countervailing govt interests at stake
• Factors to include:
  o the severity of the crime at issue
  o wh/ the suspect poses an immediate threat to the safety of the officers or others
  o wh/ suspect is actively resisting arrest or evading it by flight
• these factors are assessed from the vantage point of the “reasonable officer on the scene” often tasked w making “split-second” judgments