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Criminal Procedure Keyed to Miller
Tennessee v. Edward Garner
Citation:471 U.S. 1 (1985)
Officers arrived at a house where a neighbor reported a break-in. While there, one officer saw Garner run from the house across the backyard. The officer could not see Garner’s face or hands but was reasonably sure that he was unarmed. The officer told Garner to stop but he began to climb the chain link fence. The officer then shot Garner in the back of the head to prevent his escape. Under Tennessee law, an officer may use all necessary means to arrest a suspect if, after notice of the intention to arrest, the defendant flees or forcibly resists.
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