Tennessee v. Garner
Encyclopedia
Tennessee v. Garner, 471 U.S. 1
(1985), was a case in which the Supreme Court of the United States
held that under the Fourth Amendment
, when a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if 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.
call. The neighbor, who had made the police call, told the officers upon their arrival at the scene that someone was breaking into the house next door. Officer Hymon went behind the house as his partner radioed back to the station. Hymon witnessed someone running across the yard. The fleeing suspect, Edward Garner, stopped at a 6 feet (1.8 m) chain-link fence. Using his flashlight, Hymon could see Garner's face and hands, and was reasonably sure that Garner was unarmed. The police testified that they believed Garner was 17 or 18 years old; Garner was in fact 15 years old. After Hymon ordered Garner to halt, Garner began to climb the fence. Believing that Garner would certainly flee if he made it over the fence, Hymon shot him. The bullet struck Garner in the back of the head, and he died shortly after an ambulance
took him to a nearby hospital
. Ten dollars
and a purse taken from the burglarized house were found on his body.
Hymon acted according to a Tennessee
state statute
and official Memphis Police Department policy authorizing deadly force
against a fleeing suspect. The statute provided that "if, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest."
Garner's father then brought suit in the United States District Court for the Western District of Tennessee
under the Civil Rights Act of 1871
, , naming the City of Memphis
, its mayor, the Memphis Police Department, its director, and Officer Hymon as defendant
s. The District Court found the statute, and Hymon's actions, to be constitutional. On appeal, the United States Court of Appeals for the Sixth Circuit
reversed. The Court of Appeals held that the killing of a fleeing suspect is a "seizure" for the purposes of the Fourth Amendment, and is therefore constitutional only when it is reasonable. The court then found that based on the facts in this case, the Tennessee statute failed to properly limit the use of deadly force by reference to the seriousness of the felony
.
wrote for the majority, first agreeing with the Sixth Circuit's determination that apprehension by use of deadly force is a seizure, then framing the legal issue as whether the totality of the circumstances justified the seizure. In order to determine the constitutionality of a seizure, White reasoned, the court must weigh the nature of the intrusion of the suspect's Fourth Amendment rights against the government interests which justified the intrusion.
The use of deadly force against a subject is the most intrusive type of seizure possible, because it deprives the suspect of his life, and White held that the state failed to present evidence that its interest in shooting unarmed fleeing suspects outweighs the suspect's interest in his own survival.
White examined the common law
rule on this matter and its rationale. At common law, it was perfectly legitimate for law enforcement personnel to kill a fleeing felon. At the time when this rule was first created, most felonies were punishable by death
, and the difference between felonies and misdemeanor
s was relatively large. In modern American law, neither of these circumstances existed. Furthermore, the common law rule developed at a time before modern firearm
s, and most law enforcement officers did not carry handgun
s. The context in which the common law rule evolved was no longer valid. White further noted that many jurisdictions had already done away with it, and that current research has shown that the use of deadly force contributes little to the deterrence of crime or the protection of the public.
On the basis of the facts found by the district court, Hymon had no reason to believe that Garner was armed or dangerous. White ordered the case to be remanded for determination of the liability of the other defendants.
highlighted the fact that police officers must often make swift, spur-of-the-moment decisions while on patrol, and that the majority did not properly consider this aspect of the case. Moreover, burglary is a serious crime which often leads to rape
and murder
, and the Tennessee statute represents the state legislature
's judgment that such crimes may require the use of deadly force in order to protect the public against those who commit such crimes. She also disagreed that a suspect's interest in his own life necessarily extends to the right to flee from the scene of a crime.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1985), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that under the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
, when a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if 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.
Facts and procedural history
At about 10:45 p.m. on October 3, 1974, Memphis Police Department Officers Leslie Wright and Elton Hymon were dispatched to answer a burglaryBurglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
call. The neighbor, who had made the police call, told the officers upon their arrival at the scene that someone was breaking into the house next door. Officer Hymon went behind the house as his partner radioed back to the station. Hymon witnessed someone running across the yard. The fleeing suspect, Edward Garner, stopped at a 6 feet (1.8 m) chain-link fence. Using his flashlight, Hymon could see Garner's face and hands, and was reasonably sure that Garner was unarmed. The police testified that they believed Garner was 17 or 18 years old; Garner was in fact 15 years old. After Hymon ordered Garner to halt, Garner began to climb the fence. Believing that Garner would certainly flee if he made it over the fence, Hymon shot him. The bullet struck Garner in the back of the head, and he died shortly after an ambulance
Ambulance
An ambulance is a vehicle for transportation of sick or injured people to, from or between places of treatment for an illness or injury, and in some instances will also provide out of hospital medical care to the patient...
took him to a nearby hospital
Hospital
A hospital is a health care institution providing patient treatment by specialized staff and equipment. Hospitals often, but not always, provide for inpatient care or longer-term patient stays....
. Ten dollars
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
and a purse taken from the burglarized house were found on his body.
Hymon acted according to a Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
state statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
and official Memphis Police Department policy authorizing deadly force
Deadly force
Deadly force, as defined by the United States Armed Forces, is the force which a person uses, causing—or that a person knows, or should know, would create a substantial risk of causing—death or serious bodily harm...
against a fleeing suspect. The statute provided that "if, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest."
Garner's father then brought suit in the United States District Court for the Western District of Tennessee
United States District Court for the Western District of Tennessee
The United States District Court for the Western District of Tennessee is the Federal district court covering the western part of the state of Tennessee. Appeals from the Western District of Tennessee are taken to the United States Court of Appeals for the Sixth Circuit The United States District...
under the Civil Rights Act of 1871
Civil Rights Act of 1871
The Civil Rights Act of 1871, , enacted April 20, 1871, is a federal law in force in the United States. The Act was originally enacted a few years after the American Civil War, along with the 1870 Force Act. One of the chief reasons for its passage was to protect southern blacks from the Ku Klux...
, , naming the City of Memphis
Memphis, Tennessee
Memphis is a city in the southwestern corner of the U.S. state of Tennessee, and the county seat of Shelby County. The city is located on the 4th Chickasaw Bluff, south of the confluence of the Wolf and Mississippi rivers....
, its mayor, the Memphis Police Department, its director, and Officer Hymon as defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s. The District Court found the statute, and Hymon's actions, to be constitutional. On appeal, the United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
reversed. The Court of Appeals held that the killing of a fleeing suspect is a "seizure" for the purposes of the Fourth Amendment, and is therefore constitutional only when it is reasonable. The court then found that based on the facts in this case, the Tennessee statute failed to properly limit the use of deadly force by reference to the seriousness of the felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
.
Majority opinion
Justice WhiteByron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
wrote for the majority, first agreeing with the Sixth Circuit's determination that apprehension by use of deadly force is a seizure, then framing the legal issue as whether the totality of the circumstances justified the seizure. In order to determine the constitutionality of a seizure, White reasoned, the court must weigh the nature of the intrusion of the suspect's Fourth Amendment rights against the government interests which justified the intrusion.
The use of deadly force against a subject is the most intrusive type of seizure possible, because it deprives the suspect of his life, and White held that the state failed to present evidence that its interest in shooting unarmed fleeing suspects outweighs the suspect's interest in his own survival.
White examined the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
rule on this matter and its rationale. At common law, it was perfectly legitimate for law enforcement personnel to kill a fleeing felon. At the time when this rule was first created, most felonies were punishable by death
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
, and the difference between felonies and misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
s was relatively large. In modern American law, neither of these circumstances existed. Furthermore, the common law rule developed at a time before modern firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
s, and most law enforcement officers did not carry handgun
Handgun
A handgun is a firearm designed to be held and operated by one hand. This characteristic differentiates handguns as a general class of firearms from long guns such as rifles and shotguns ....
s. The context in which the common law rule evolved was no longer valid. White further noted that many jurisdictions had already done away with it, and that current research has shown that the use of deadly force contributes little to the deterrence of crime or the protection of the public.
On the basis of the facts found by the district court, Hymon had no reason to believe that Garner was armed or dangerous. White ordered the case to be remanded for determination of the liability of the other defendants.
Dissent
In her dissent, Justice O'ConnorSandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
highlighted the fact that police officers must often make swift, spur-of-the-moment decisions while on patrol, and that the majority did not properly consider this aspect of the case. Moreover, burglary is a serious crime which often leads to rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
and murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, and the Tennessee statute represents the state legislature
Tennessee General Assembly
The Tennessee General Assembly is the state legislature of the U.S. state of Tennessee.-Constitutional structure:According to the Tennessee State Constitution of 1870, the General Assembly is a bicameral legislature and consists of a Senate of thirty-three members and a House of Representatives of...
's judgment that such crimes may require the use of deadly force in order to protect the public against those who commit such crimes. She also disagreed that a suspect's interest in his own life necessarily extends to the right to flee from the scene of a crime.