ipl-logo

State V Marshall 426 Case Study

1779 Words8 Pages

Case Briefs: Case: State v. Marshall, 179 S.E. 427 (N.C. 1935). Opinion by: Stacy C.J. Facts: A homicide occurred at the defendant’s filling station. At the filling station the deceased was previously drinking and was sweet talking the defendant’s wife in a whispering conversation. The deceased was asked to leave the building, yet the defendant order him more than once. The deceased would not leave the filling station. While, the deceased had alcohol in his system, they took off their hat and slammed it on the counter. The deceased uttered some very foul words to the defendant. In the other hand, the deceased picked up a hammer. Unfortunately, the defendant fired his gun because he thought the deceased was going to hit him or kill him with …show more content…

Garner, 471 U.S. 1 (1985). Opinion by: White J. Facts: On October 3, 1974 two Memphis police officers were dispatched to answer a “prowler inside call.” When they arrived they saw a woman outside gesturing to another house. She told the officers she hear glass breaking. When they got to the other house they saw the deceased fleeing the scene. The Memphis police officer admitted to seeing no weapon on the deceased, yet he ordered the deceased to stop. The deceased continued to flee, so the officer shot the deceased as the deceased was attempting to hop over a fence. The district court held that the officers act was constitutional. Procedural History: The District Court concluded that Hymon’s actions were authorized by the Tennessee statute, which in turn was constitutional. The officer does have the authority to shoot at a fleeing suspect when the officer reasonably believes that the escapee poses a threat to the safety of others. An officer with probable cause has the authorization to seize a suspect, but he may not always do so by killing or lethal force. But the officer in this case could not have reasonably believed that the deceased posed such a threat to justify lethal force. The U.S. Court of Appeals for the Sixth Circuit reversed, holding that killing a fleeing suspect is a "seizure" under the Fourth Amendment and such a seizure would only be reasonable if the suspect posed a threat to the safety of police officers or the community at

Show More
Related

  • Why Is Tennessee V. Garner Important

    541 Words  | 3 Pages

    Officer Hymon used deadly force to stop Mr. Garner. In Tennessee, Office Hymon was “acting under the authority of a Tennessee statue and pursuant to Police Department policy. This policy states, if after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest" JUSTIA US Supreme Court Tennessee v. Garner 471 U.S. 1 (1985). Mr. Garner’s father thought the use of deadly force was wrong. However “the Court of Appeals for the Sixth Circuit affirmed with regard to Hymon, finding that he had acted in good faith reliance on the Tennessee statute, and was therefore within the scope of his qualified immunity.”

    Read More

  • Elton Hymon Garner Research Paper

    730 Words  | 3 Pages

    The Tennessee statute (T.C.A. 40-17-108) state that “after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest.” The Memphis Police Department’s policy had similar limits, however still allowed the use of deadly force in burglary situations. There was no action taken by the Memphis Police Firearm’s Review Board or the grand jury (Tennessee v. Garner,

    Read More

  • Hymon V. Garner Research Paper

    227 Words  | 1 Pages

    Officer Hymon used his flashlight and could tell that Garner was unarmed. Officer Hymon then told Garner to stop but Garner started to climb the chain link fence. That 's when Officer Hymon shot and killed Garner. A purse and ten dollars were found in Garner 's possession from the house. Hymon admitted in court that Garner appeared to be unarmed.

    Read More

  • Tennessee Vs Garner Case Study

    981 Words  | 4 Pages

    Officers heard a door slam and saw the suspect running across the backyard. Garner stopped at a chain link fence. With the aid of a flashlight cops saw no sign of a weapon, and, were reasonably sure he was unarmed.   While Garner was at the base of the fence, police called out for the suspect to stop and proceeded to take a few steps toward him. Garner began to climb over the fence and attempt to escape knowing if he didn’t he was

    Read More

  • Tennessee Vs Garner Case Study

    838 Words  | 4 Pages

    Garner began to climb the fence. Officer Hymon then shot Garner, striking him and Garner later died from the wound. It should be noted that at the time Tennessee law allowed a police officer to use deadly force against a fleeing suspect. An action was filed under 42 U.S.C. 1983 in the Western District of Tennessee District Court for a violation of constitutional rights.

    Read More

  • How Is Tennessee V Garner Effective

    1724 Words  | 7 Pages

    If the suspect threatens the officer with a weapon or there is probable cause that they have committed a crime involving infliction or they have threaten infliction of serious harm deadly force may be used. But an officer may not seize an unarmed, non dangerous suspect by shooting him dead. So the Tennessee statute is unconstitutional insofar because it authorizes the use of deadly force from a fleeing suspect. Therefor the officer in this case Hymon could not reasonably have believed that Garner posed any kind of threat what so ever. Burglary isn’t not defined as a violent crime instead it is classified as a property crime according to the FBI, but if it was an armed burglary that would be a different story (Lippman).

    Read More

  • John Marshall's Three Main Court Cases

    811 Words  | 4 Pages

    John Marshall had a significant impact on strengthening the national government during his term as Chief Justice from 1800-1830. Marshall achieved this goal by strengthening the power of the Supreme Court in three main court cases. In Marbury v. Madison Marshall established the practice of judicial review, then in McCulloch v. Maryland he weakened the central government and Gibbons v. Ogden provided the federal government with the ability to regulate interstate commerce. Marbury v. Madison (1803) was a court case that began the practice of judicial review. This case started because the night before President John Adams term ended, he appointed 42 justices of the peace.

    Read More

  • Wolf V. Colorado Case Brief

    584 Words  | 3 Pages

    The police violated Wolf’s rights and since there was no warrant for arrest or warrant to search his office the police was trespassing. The police officer who violated his rights was to be punished by his superiors. The judges decided that using such evidence goes completely against the Fourth Amendment which is a basic need to our freedom. States should follow this law but are not directly forced to. States using evidence that should be excluded in their “statute becomes a form, and its protection an illusion,”(Wolf v Colorado, 1949).

    Read More

  • Sammy Yatim Case Analysis

    1126 Words  | 5 Pages

    In today’s modern society, many feel that is okay for a police officer can kill a man armed with a harmful weapon at any cost. On many news channels, there are various amounts of articles and reports about a police officer committing this act. Even though a police officer has the right to take action against an armed man, this could be argued in many circumstances. In the 2013, Sammy Yatim was a young adult with a mental illness and was armed with a weapon on a streetcar in Toronto. Yatim was confronted by Const.

    Read More

  • Tamir Rice's Argumentative Essay: Police Use Of Force

    528 Words  | 3 Pages

    Tamir Rice was a twelve-year-old boy playing in the snow at his local park, making the mistake of waving an air pellet gun at strangers- a mistake that would cost him his life. A bystander made a call to 911, and when the police arrived on the scene, within seconds of exiting the vehicle, Rice was shot. According to an article by the Pittsburgh Tribune, although police have been caught in the act, captured on camera committing a crime, they are not prosecuted 96 percent of the time. November 22, 2014, twelve-year-old, Tamir Rice, was playing and posing with his air pellet gun when a man sitting in the park called 911 to report, “there’s a guy here with a pistol, pointing it at everybody… [The gun] is probably a fake, but you know what,

    Read More

  • Dwight Dexter Upheld In The United States Criminal Justice System

    625 Words  | 3 Pages

    The Fourth Amendment clearly states that the police must have a warrant to search a someone’s home and personal belongings. Though the police had probable cause, the murder they intended to find could not be located in Mr. Dexter’s car. The police and investigators searched Mr. Dexter’s car without obtaining a search warrant because they did not have enough time to get one. In the car they found a gun that did not relate to the

    Read More

  • Should Police Use Tasers Essay

    637 Words  | 3 Pages

    His neighbor appears to be intoxicated and becomes violent when the officer reaches for his handcuffs. He takes a swing at the officer and then attempts his escape. Thirty years prior, the officer would have had the option to draw his weapon and fire or risk a dangerous car chase. Thankfully, he has a Taser gun on his belt. He is able to draw, fire, and apprehend the subject with little effort and no loss of life.

    Read More

  • 9th Amendment Pros And Cons

    603 Words  | 3 Pages

    An officer in Delaware responding to a call from Jeremy McDole about his attempt in shooting himself the officer fatally shot the wheelchair-bound man and argued that McDole was armed. In the video tape of McDole and the officer McDole didn’t appear to be armed. Another person was fatally shot by an officer in Maryland. The officer was responding to reports of Keith McLeod trying to use fake prescriptions. The officer argued that McLeod was reaching around his back to pull out a gun.

    Read More

  • Summary Of The Case Of Jimmy Dill V State

    574 Words  | 3 Pages

    Since Dill appointed a lawyer that is limited to one thousand dollars, it also impacted his defense as the court claimed that his case had a lack of evidence to make reliable decisions. In the article, “Jimmy Dill” by, Equal Justice Initiative, tells us that the jury or the court, did not have any evidence about the victim did not die until nine months after the crime. “Neither the jury nor any court heard evidence about the circumstances under which the shooting victim did not die until nine months after the crime after evidence emerged that his caretaker failed to provide him appropriate treatment.” It is unfortunate for Dill that his caretaker did not give his proper treatment of his mental disability, causing the crime to take place and have a lack of evidence. Whether if justice and mercy are complementary or contradictory based on this certain case, it is clear that this case showing justice and mercy shows its opposition.

    Read More

  • Branch Vs Texas

    1776 Words  | 8 Pages

    Texas, a case that has become controversial on whether or not the death penalty is appropriate for rape victims. Branch was accused of rape when he was found early in the morning driving his car with his pants unzipped, matching the description given by the victim. The victim was a widowed women who lived a few blocks from her son, she lived alone. At the scene of the crime there were a set of footprints matching the shoes that he wore(Branch v. State, Justia Law). Branch was charged with rape from examination of the victim and was later put to death after his eighth amendment claim was denied.

    Read More

More about State V Marshall 426 Case Study

Open Document