|
The case of Garner v. Tennessee 471 U.S. 1
(1985)
The case of Garner v. Tennessee is not a
self defense case for civilians. Instead this is the standard for
the use of deadly force by police in apprehension of felons. But it is often cited as a self defense case
and the principles are similar.
Garner is a case about police
liability for the use of excessive force (deadly force) in making an
arrest. It stands for the proposition that deadly force is only proper in defense of life and not property.
Although Garner the same principles and analogy it is not a
civilian self defense case. The Court expects police to protect themselves and the public and to use any necessary and
reasonable force to make arrests. But using Deadly Force on someone who is unarmed, of little
threat and escaping for a mere property crime is not a proper
level of force.
Garner was a teenager who was shot by an officer while escaping from
a burglary. There was no indication that he was armed or dangerous
and Garner was a youth. The officer was sued under a US statute
§1983 for civil damages. This case cites 3
principles or requirements for the use of deadly force.
(1) the officer
must have probable cause to believe that the suspect has committed a crime
involving the infliction or threatened infliction of serious physical harm;
(2) The use of
deadly force is NECESSARY to prevent escape;
(3) The officer must give a WARNING of the imminent risk of
deadly force - if feasible.
The last principle was that warnings should be
given when appropriate. However it is almost
never appropriate to take the time to give a warning under the conditions of
self defense or to use warning shots. Warning shots nearly
always place innocent bystanders in danger. This case was ruled upon
the issues of: 1983 liability and Police Misconduct and not the use of deadly
force in self defense but the principles are the same issues in a self defense case.
Here is
18 USC 242 and
42 USC 1983
Every situation is different however and this is for
information only. This is not legal advice.
|