User Panel
User Panel
User Panel
|
Posted: 4/16/2021 8:01:46 PM EDT
[#1]
Tennessee v Garner 1985
ETA: but your conclusion is wrong, the court determined that when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "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." |
|
|
|
Posted: 4/16/2021 8:19:02 PM EDT
[#2]
No. This was well after Tenn v Garner. Which is why I couldn’t remember it. It’s an obscure case. I’ve been trying to find it again after stumbling onto it once.
|
|
|
|
Posted: 4/16/2021 8:36:01 PM EDT
[#3]
|
|
|
|
Posted: 4/16/2021 9:10:05 PM EDT
[#4]
Quote HistoryThanks, that is an excellent list. All the taser cases make me glad I don’t carry one. Damn case isn’t on there though. I wish I’d saved it! |
|
|
|
Posted: 4/16/2021 10:49:30 PM EDT
[#5]
Shepardize the Tennessee case and you’ll probably find it was cited in the case you’re seeking.
|
|
|
|
Posted: 4/17/2021 12:36:41 AM EDT
[#6]
There may be some local or state level case law, but Garner is the only SCOTUS case I've ever heard of, when dealing with lethal force and a fleeing felon.
I went back through FLETC (again) 5 years ago when I switched agencies and it is still the standard. The major case law decisions every LEO (Fed, state and local) should have memorized: Garner Graham Miranda Carrol And last but not least, although I soon expect it to be challenged with the new views of the country- Terry There are a few others, but those are the main ones that 80% of normal LE actions will correspond with. |
|
|
|
Posted: 4/17/2021 7:04:37 AM EDT
[#7]
Quote HistoryQuoted: Shepardize the Tennessee case and you’ll probably find it was cited in the case you’re seeking. I was hoping to avoid the 7000+ cases! Going through google scholar now.  Edit: Found it. It’s a lower court ruling from the 9th circuit. Forrett v. Richardson It’s a very interesting case if you have time to read it. |
|
|
|
Posted: 4/17/2021 12:18:38 PM EDT
[#8]
Quote HistoryQuoted: I was hoping to avoid the 7000+ cases! Going through google scholar now. Edit: Found it. It's a lower court ruling from the 9th circuit. Forrett v. Richardson It's a very interesting case if you have time to read it. What happened to the party whom he shot in the neck with the .38 Spl.? |
|
|
|
Posted: 4/17/2021 6:04:08 PM EDT
[#9]
Quote HistoryQuoted: Yes, it is. (I did) What happened to the party whom he shot in the neck with the .38 Spl.? So I went looking. I believe that individual lived. Forrett was sentenced to 32 years for that whole incident. Did 3. Got out and ended up murdering some woman (surprise) and then got into a shooting with a deputy (double surprise) and eventually shot himself in the head and was found dead in his car. Case law subjects are never good guys. |
|
|
|
Posted: 4/17/2021 6:13:26 PM EDT
[#10]
Quote HistoryQuoted: There may be some local or state level case law, but Garner is the only SCOTUS case I've ever heard of, when dealing with lethal force and a fleeing felon. I went back through FLETC (again) 5 years ago when I switched agencies and it is still the standard. The major case law decisions every LEO (Fed, state and local) should have memorized: Garner Graham Miranda Carrol And last but not least, although I soon expect it to be challenged with the new views of the country- Terry There are a few others, but those are the main ones that 80% of normal LE actions will correspond with. Oh yeah that’s certainly the core. I’ve been looking at more and more case law as it is more essential these days to accurately describe an incident. Generic shit like “I escorted the suspect to the ground” doesn’t cut it any more. We have to be able to parse out an incident moment by moment with corresponding justification. So case law has been part of life recently. Stuff like this is good to know even if it’s from a different circuit because it can be referenced as precedent. I was trying to explain that a person need not be armed to continue to pose a threat to others while fleeing. |
|
|
|
Posted: 4/17/2021 9:55:01 PM EDT
[#11]
I hear what you are saying, its good to be able to point at other ruling, but then again, anything from the 9th circus is more likely to get you in a jam rather than save you!
And I read your link. Gives a different perspective, but unless it was affirmed by the SCOTUS, I'd leave any 9th ruling out of my toolbox. ETA: does anyone think for even a second, that the 9th would rule the same way today? This case is 24 years ago. I would bet if it came across the bench today, the 9th circus would hammer all the cops and say they violated the mutts rights. When it went to the SCOTUS, I really wonder if it would be ruled in line with Garner...? |
|
|
|
Posted: 4/18/2021 7:58:18 AM EDT
[#12]
Excellent points. Fortunately case law doesn’t expire so this doesn’t just go away. I think today no matter what the circumstances letting a suspect get away is the smart career move. It’s horrible but that’s the bed the citizenry has made. I think in the next couple years, certainly if the democrats pack the court we’ll see new UoF case law that allows hindsight and facts after the shooting to become factors as well as a requirement to try lesser measures first. It’s going to be bad.
This was just a conversation between cops and I couldn’t find the case at the moment. |
|
|
|
Posted: 4/20/2021 2:01:02 AM EDT
[#13]
Quote HistoryQuoted: I was hoping to avoid the 7000+ cases! Going through google scholar now. Edit: Found it. It's a lower court ruling from the 9th circuit. Forrett v. Richardson It's a very interesting case if you have time to read it. I don't see why an unarmed criminal's actions couldn't justify the use of lethal force. An unarmed criminal, if dangerous or deranged enough, could still obtain a weapon while fleeing or after escaping, or kill some random citizen without a weapon. |
|
|
Win a FREE Membership!
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.
