Tennessee V Garner: Case Analysis and Police Use of Deadly Force

This article analyzes the Tennessee V Garner case and discusses the use of deadly force by police officers. It explains the conditions for using deadly force and provides examples of when it is not applicable. The article also highlights the importance of observing the Tennessee statute to avoid violating the rights of suspects and causing unnecessary damage to others.

Running head: TENNESSEE V GARNER 1
Tennessee V Garner
Name
Institution

TENNESSEE V GARNER 2
TENNESSEE V GARNERS CASE
The supreme court of united states held that when a law enforcement officer is pursuing a
fleeing suspect, he/ she may not use deadly force unless the fleeing suspect possess death threat
or a severe physical injury to the officer or others. However, in the case where Hymon is the
defendant of the Tennessee statute, the state failed to present evidence that the interest of
shooting the suspect outweighed the fleeing suspect's interest to flee. Therefore the court found
the defendant liable remanded the case for a determination of liability of other defendants of the
case (Walker & Fridell, 1992).
On account of the facts of this case, the court’s decision is fair. Before shooting the
suspect, Hymon was sure that the suspect was unarmed. This coupled up to the fact that he is a
minor (Hymon had ascertained this before shooting) the suspect posed very little almost
insignificant threat to the officer or others, in this case, public. The officer had seen the face of
the suspect, therefore, making it easy for the police force to trace him after fleeing. Considering
all these reasons, the decision to put the life of the suspect in danger is not the best decision.
The only condition for using deadly force according to the Tennessee statute is only if the
suspect poses a reasonable threat to the law enforcer or the public. This is the most critical
condition that law enforcers should consider in their execution of duties. Failure to observe this
condition undermines the suspect’s rights such as the right to life. Sometimes ignoring this
condition may cause more unnecessary damage to others. The statute also states that the officers
should only engage the allied deadly force. This condition stipulates that the officers should
consider the extent of the force to use to avoid extreme force use. The following are situations
where the use of deadly force is not applicable or is misused.

TENNESSEE V GARNER 3
A group of high school students has been consuming drugs in the school’s
neighborhood. The police are informed about the situation and decide do their investigation.
During their daily patrols, the police come across the group in the act. The students scamper in
an attempt to escape. The neighborhood of the school is a deserted area with bushes and trees.
The police officer shoots one of the students, and he dies on the spot. In this case, the officer
should be held liable for the death of the student. This is because the students posed an
insignificant threat to the officer. The neighborhood was deserted there the suspect posed no
threat to the public. The officer has violated the Tennessee statute (Powell Jr, 1984).
Where the use of deadly force undermines the lives of innocent people, it should not be
used. For instance, police got a thief in act robbing a drugs store in the street. On discovering the
officer, the suspect flees (Smith, 1997). He refuses to hide to the officers’ instruction to stop and
runs. The officer shoots but unfortunately the bullets land on two pupils among a group of pupils
walking from school with their teacher. In this case, the suspect posed a threat to the public.
However, using deadly force also undermines the security of the public. In this case, the officer
should not have used deadly force considering the environment of the crime scene.

TENNESSEE V GARNER 4
References
Powell Jr, L. F. (1984). Tennessee v. Garner.
https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?
article=1350&context=casefiles
Smith, M. R. (1997). Police use of deadly force: how courts and policy-makers have misapplied
Tennessee v. Garner. Kan. JL & Pub. Pol'y, 7, 100.
https://heinonline.org/HOL/LandingPage?handle=hein.journals/kjpp7&div=20&id=&pag
e=
Walker, S., & Fridell, L. (1992). Forces of change in police policy: The impact of Tennessee v.
Garner. Am. J. Police, 11, 97. http://heinonline.org/hol-cgi-bin/get_pdf.cgi?
handle=hein.journals/ajpol11&section=27