Tennessee v. Garner (1984)
- Docket
- 83-1035
- Decided
- 1984-01-01
Summary
Question: Does a statute authorizing use of deadly force to prevent the escape of any fleeing suspected felon violate the Fourth Amendment? Conclusion: Yes. In a 6-3 decision, Justice Byron R. White wrote for the majority affirming the court of appeals decision. The Fourth Amendment prohibits the use of deadly force unless it is necessary to prevent the escape of a fleeing felon and the officer has probable cause to believe that the suspect poses a significant threat of violence to the officer or the community. The Tennessee statute was unconstitutional as far as it allowed deadly force to prevent the escape of an unarmed fleeing felon. Justice Sandra Day O'Connor wrote a dissent stating that the majority went too far in invalidating long-standing common law and police practices contrary to the holding. Chief Justice Warren E. Burger and Justice William H. Rehnquist joined in the dissent.