Fourth Amendment Limits Analysis Research Paper

Length: 2 pages Sources: 2 Subject: Sports Type: Research Paper Paper: #29932237 Related Topics: Constitutional Amendments, Miranda Rights, Sports Law, 1984
Excerpt from Research Paper :

¶ … Tennessee v. Garner. The case involved the excessive use of force with regards to felony cases. The decision of the court and the reasons given will also be looked into. The agreements and disagreements that followed will also be discussed.

Court Decision

At the end of the trial the court granted a motion in favor of the police department and the city. The court also found for the other defendants on all issues. When the plaintiff appealed, the Sixth circuit upheld parts of the district court's verdict, but dismissed the cases against individual defendants. The upper court in its decision remanded with respect to a Supreme Court decision in the case of Monell v. Department of Social Services, in which the court held that municipalities could be subject to liability the U.S. Code title 42, section 1983 (Blume, 1984). The district court was further instructed to weigh whether the city was entitled to immunity since its policies had been put in place in accordance to state legislations. If not, the court needed to weigh whether the use of fatal force to apprehend non-dangerous fleeing felons was permissible under the constitution.

On remand, the district...

...

Since the court also found that the plaintiff had not been denied or deprived of any constitutional right, it did not reach a verdict on the issue of immunity. Another appeal was filed at the Sixth Circuit (Blume, 1984). The upper court found that the state of Tennessee's deadly force legislation violated the 4th and 14th amendments of the constitution. In March 1984 a certiorari was granted by the U.S. Supreme Court. The Court also recently heard oral arguments.

Agree/Disagree

In the matter of constitutionality of states' deadly force statutes, identifying the interests of the state and assigning a weight to them is the main challenge in incorporating the balancing test. Recognizing this challenge, one court identified the protection of the security of the public and the preservation of the integrity and effectiveness of the criminal justice system as key priorities for the government. Another priority was the protection of police officers from unreasonable risks. Other commentators noted that other legitimate government priorities were the protection of personal property, negative effect of the crime on the individual and the community, and maintenance of the effectiveness of the arrest process. Conversely, the identification of…

Sources Used in Documents:

References

Blume, J. (1984). [email protected] Law: A Digital Repository -- Cornell University Law School Research. Deadly Force in Memphis: Tennessee v. Garner. Retrieved September 14, 2015, from http://scholarship.law.cornell.edu/facpub/273/

Lewis, G. (1986). Tennessee vs. Garner: Invoking the Fourth Amendment to Limit Police Use of Deadly Force. Pace Law Review, 6(4). Retrieved, from http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1569&context=plr

Wright, J. (2013). Applying Miranda's Public Safety Exception to Dzhokhar Tsarnaev: Restricting Criminal Procedure Rights by Expanding Judicial Exceptions. Columbia Law Review, 113, 136-155. Retrieved, from http://columbialawreview.org/boston-bombers-miranda-rights_wright/


Cite this Document:

"Fourth Amendment Limits Analysis" (2015, September 19) Retrieved January 28, 2022, from
https://www.paperdue.com/essay/fourth-amendment-limits-analysis-2154837

"Fourth Amendment Limits Analysis" 19 September 2015. Web.28 January. 2022. <
https://www.paperdue.com/essay/fourth-amendment-limits-analysis-2154837>

"Fourth Amendment Limits Analysis", 19 September 2015, Accessed.28 January. 2022,
https://www.paperdue.com/essay/fourth-amendment-limits-analysis-2154837

Related Documents
Fourth Amendment It Is a Traditional Belief
Words: 1651 Length: 5 Pages Topic: Criminal Justice Paper #: 16725417

Fourth Amendment It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the American colonists that it was included into the Constitution when they broke away from Great Britain. In short, the fourth amendment states that no private

Fourth Amendment Concerns
Words: 997 Length: 3 Pages Topic: Criminal Justice Paper #: 64885383

Public Safety vs. Individual Rights The balance between public safety and individual rights is a delicate one. Assuring public safety as well as privacy and freedom from unnecessary harassment and security procedures is usually not all that hard to pull off but there are situations and instances where it can be very dicey. Easy examples that come to mind are political events, DUI checkpoints and so forth. Some say all the

Limiting Public Benefits the United States Economy
Words: 1820 Length: 5 Pages Topic: Family and Marriage Paper #: 3968423

Limiting Public Benefits The United States economy is in serious trouble and the individual state economies are not faring much better. In times such as these, those elected into public office are called upon to find ways to save money and to help the struggling nation become strong again. For individual people living in America, the economy has directly impacted their everyday lives. Many people are out of work and more

Supreme Court Second Amendment Case
Words: 1678 Length: 5 Pages Topic: Criminal Justice Paper #: 92259243

District of Columbia v. Heller Case Brief Case Facts: The District of Columbia Code prohibited carrying an unregistered firearm and banned the registration of handguns through its provisions. However, the provisions granted the chief of police the liberty to grant one-year licenses for handguns. Additionally, the Code required individuals owning legitimately registered firearms to keep them unloaded and disassembled or with locked trigger unless they were in business places or being

First Amendment, the Constitution, and the Supreme
Words: 2383 Length: 7 Pages Topic: American History Paper #: 5017596

First Amendment, the Constitution, and the Supreme Court Freedom of and from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speech. However, the language is intentionally vague. The framers of the Constitution, anticipating unknown applications of the amendment, gave power to the Supreme Court to act as ultimate arbiter in matters

Drones Preliminary Analysis of Drones Have Become
Words: 6582 Length: 22 Pages Topic: Terrorism Paper #: 52819987

Drones Preliminary Analysis of Drones Drones have become increasingly popular among the U.S. army and the reason is that they have ability to transform (has already transformed to quite an extent) the way America has been fighting and the way it has been thinking about its wars. According to the intelligence officials of the United States, these unmanned aerial vehicles that are commonly called drones have proved to be one of the