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In Tennessee v. Garner (1985), the Supreme Court created a two…

January 12, 2024

In Tennessee v. Garner (1985), the Supreme Court created a two prong to constitutional deadly force requirement rule for Fourth Amendment deadly force cases. Officers can use deadly force only under two conditions (1) It’s necessary to apprehend “dangerous” suspects, and (2) It doesn’t put innocent people in danger. Would the rule in this case, permit an officer to shoot a drunk driver, swerving erratically down the road headed toward a town? Or a person wanted for a series of violent crimes, but not presently armed who flees from the police? What problems do you see with the “fleeing felon” rule?

Court, created, Criminal Justice, Garner, Supreme, Tennessee, two..

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