Tennessee v. Garner is a case that involved a police officer using deadly force to try to apprehend his suspect. When he received a call regarding a burglary he and his partner arrived on scene. He lit his flashlight and started looking around, when reaching back yard he was startled by a young person running through the back yard of the burglarized home. He never saw any weapon and the suspect never attempted to threaten the officer. The suspect ran and climbed a six foot fence after the officer told him to freeze. When Garner didn't stop the officer shot at him, hitting him in the back of the head. Garner died later on the operating table. Officer Hymon learned this was not a 17 or 18 year old kid but yet he was a 15 year old, 8th grader. Garners family sued and eventually won this case. In the end, it rewrote several hundred years of policing doctrine.
Tennessee VS Garner
Tennessee vs. Garner
Tennessee vs. Garner was a landmark case that reversed the law that police could use deadly force when chasing fleeing felons. This had been the practice for many years and was extremely controversial.
If you mean Tennessee v. GaRner: Cops can't use deadly force in order to effectuate and arrest of an unarmed and non-dangerous fleeing felon.
George Garner was born on March 24, 1918, in Franklin, Tennessee, USA.
George Garner died on February 7, 2005, in Maryville, Tennessee, USA.
Jonathan Garner was born on February 9, 1982, in Nashville, Tennessee, USA.
common law
The 8th Amendment, that which prohibits cruel and unusual punishment.
Tennessee v. Garner
Tennessee - 14 Georgia - 26
Tennessee v Garner was basically a case involving the use of deadly physical force to defend property. Officer Hymon of the Memphis Police, responding to a call of a unauthorized entry of a house, was startled by Garner, a 17 year old, as he ran out of the back door of the house and across the dark yard to a six foot fence. Hymon announced his authority and told the suspect to stop. Hymon, using his flashlight, did not see any weapons, and Garner did not threaten him with any. As Garner proceeded to climb over the fence to escape, Officer Hymon shot him in the back of the head and killed him. Garner was later found to be in possession of a purse and ten dollars from the house, but no weapon. The lower courts found Officer Hymon's actions to be reasonable based on Tennessee law at the time. The Supreme Court, in it's finding, basically stated that the Police cannot use deadly physical force to prevent property crimes. The officer must actually fear use of deadly physical force against themselves or third parties.