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26. The landmark SCOTUS case Tennessee v. Garner (1985) involved the authority of police to use deadly force to stop
fleeing felons. In this case, SCOTUS held that:
deadly force could be used only if the officer using it had probable cause to believe the fleeing felon posed a
physical danger to himself or others.
the Constitution does not address such a situation.
deadly force could be used only if the officer using it had reasonable suspicion that the fleeing felon posed a
physical danger to himself or others.
deadly force could be used by the officer only if there was no other means reasonably available to stop the
fleeing felon.
CRPR.SAMA.18.05.06 – Understand that officers can use only the amount of force that is
necessary to get and maintain control of suspects they have probable cause to arrest.
27. In Tennessee v. Garner, involving the death of a citizen due to the use of deadly force by the police, SCOTUS ruled
that:
evidence seized from illegal use of deadly force is admissible in criminal cases.
apprehension by the use of deadly force is a seizure subject to the reasonableness requirement of the Fourth
Amendment, and a police officer may not seize an unarmed, nondangerous suspect by shooting the suspect
dead.
evidence seized from illegal use of deadly force is not admissible in criminal cases.
the use of deadly force to prevent the escape of any felony suspect, whatever the circumstances, is
constitutionally unreasonable.
CRPR.SAMA.18.05.06 – Understand that officers can use only the amount of force that is
necessary to get and maintain control of suspects they have probable cause to arrest.
28. In Graham v. Connor (1989), involving the arrest of a diabetic who was suffering from an insulin reaction, SCOTUS
held that claims of excessive force in the course of making an arrest are to be analyzed under:
a substantive due process standard.
the Fourth Amendment’s “objective reasonableness” standard.
a “malicious and sadistic” standard.
a subjective standard that focuses on the intentions of the officer making the arrest.