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Topic: |
History
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Number of pages / Number of words: |
3 / 810 |
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In this case the actions were found not to be reasonable. Officers cannot use deadly force unless they have probable cause that the suspect poses a serious threat to the officer or has committed a felony.
Issue: Garner, the suspect's father brought forth that his unarmed son was wrongfully shot by a police officer as his son was fleeing from the burglary of an unoccupied house...
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He proposed a wrongful death action under the federal civil rights statute against the police officer who fired the shot, the police department and others.
Decision: The Court of Appeals reversed and filed a petition for certiorari. The Supreme Court held that: "(1) apprehension by use of deadly force is a seizure subject to the Fourth Amendment's reasonableness requirement; (2) deadly 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; (3) Tennessee statute under authority of which police officer fired fatal shot was unconstitutional insofar as it authorized use of deadly force upon fleeing felons within reason...
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