Tennessee V. Garner Case Study

The identification of several significant facts in the case of Tennessee v. Garner calls into question the use of deadly force in the “unattempted” apprehension of an unarmed suspect. The first such fact is the admission and later verification by Hymon that Garner was unarmed. A second fact is that the suspect was fleeing in the opposite direction (away) from Officer Hymon and in a position as not to cause the officer to be in fear for his life. Additionally, Officer Hymon with the aid of his flashlight was able to observe that the suspect was a minor and of slender statue (observing his hands and face) posing no threat to him or others. And finally, Officer Hymon’s statement that if he allowed Garner to clear the fence, he knew that he would not be able to catch up with him and, …show more content…
old male 5’4” and weighing between 100-110 lbs., (Tennessee v Garner Et Al, n.d.) was on the fence fleeing away from Officer Hymon, he presented no physical threat to officers or the public. As the Fourth Amendment prohibits the use of deadly “unless it is necessary to prevent the escape of a suspected felon 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” (Tennessee v Garner Et Al, n.d.), the actions of Officer Hymon were not consistent with the law. However, as T.C.A. § 40-7-108 (1982) states “if, after notice of the intention to arrest the defendant, he either flees or forcibly resist, the officer may use all the necessary means to effect the arrest” (Tennessee v Garner Et Al, n.d.). Given the circumstances of this case, the use of deadly force even in following the state statute did not seem feasible. However, as Hymon identified himself and gave the directive for the suspect to halt, he was justified by the state statue in his use of force, although no indication was given that the suspect was a