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Question
how does tennessee v. garner show how the fourth amendment limits the use of force during an arrest?
o a. members of a swat team who broke down a door without a valid warrant were reprimanded for using excessive force.
o b. the officer who refused to break off a high - speed chase in heavy traffic was judged to have used excessive force.
o c. the use of a taser in drive - stun mode on a driver who refused to cooperate during a traffic stop was considered excessive force.
o d. the use of deadly force to capture a burglar who tried to escape arrest was ruled excessive force.
In Tennessee v. Garner, the Supreme Court held that the use of deadly force to prevent the escape of an apparently unarmed suspected felon is a violation of the Fourth Amendment unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. This case specifically dealt with the use of deadly force (in this case, a gunshot) to stop a fleeing burglar. Option d aligns with this as it refers to the use of deadly force to capture a burglar (similar to the suspect in Tennessee v. Garner) and the ruling of it being excessive force (which the Court found in Garner when the suspect was unarmed and not an immediate threat of serious harm). Option a is about no - warrant entry (not the main issue in Garner which was about force, not search - related warrant issues). Option b is about a high - speed chase (not the focus of Garner). Option c is about a Taser (a different type of force not at issue in Garner which was about deadly force).
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d. The use of deadly force to capture a burglar who tried to escape arrest was ruled excessive force.