Tennessee V Garner Flashcards
What happened in Tennessee v Garner?
Subject burglarized a residence at night, and when police arrived, the officer saw the subject clean over a fence. The officer, reasonably knowing that the subject was not armed, and sleight of build, took it upon himself to seize the subject by shooting him dead. This action at the time was constitutionally valid under Tennessee law, and not answered by federal law.
What was the verdict of Tennessee v. Garner?
Opinion: This case requires us to determine the constitutionality of the use of deadly force to prevent the escape of an apparently unarmed suspected felon. We conclude that such force may not be used, 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.
