Some perspective: Although no-one seems to remember this, until 1985, it was still perfectly possible in almost half the states for a cop legally to shoot and kill a fleeing suspect. The theory: the suspect must be running for a reason. And you wouldn’t want a potentially dangerous criminal to escape, would you?
Answer: yes. The Supreme Court ruling that changed that was part of a generations-long war on behalf of colored criminals.
In the 1985 decision in the case of Tennessee v. Garner, written by Justice Byron “Whizzer” White, the majority threw out centuries of common law, bizarrely ruling without precedent that a policeman shooting a fleeing suspect was making a “seizure” under the Fourth Amendment, and that a suspect had the right to flee:
In an uncharacteristically rigorously-argued dissent, Judge Sandra Day O’Connor (seconded by Justice Rehnquist and Chief Justice Burger) countered:
However, today’s brutal post-American reality: Michael Slager might as well hang himself, because he is being made a sacrificial lamb. Here are my preliminary observations on some of the actors in this most recent Narrative-driven drama.
Answer: yes. The Supreme Court ruling that changed that was part of a generations-long war on behalf of colored criminals.
In the 1985 decision in the case of Tennessee v. Garner, written by Justice Byron “Whizzer” White, the majority threw out centuries of common law, bizarrely ruling without precedent that a policeman shooting a fleeing suspect was making a “seizure” under the Fourth Amendment, and that a suspect had the right to flee:
“The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against, as in this case, an apparently unarmed, nondangerous fleeing suspect; such force may not be used 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.”
[TENNESSEE v. GARNER, 471 U.S. 1 (1985), Justia.]
In an uncharacteristically rigorously-argued dissent, Judge Sandra Day O’Connor (seconded by Justice Rehnquist and Chief Justice Burger) countered:
“[T]he Court effectively creates a Fourth Amendment right allowing a burglary suspect to flee unimpeded from a police officer who has probable cause to arrest, who has ordered the suspect to halt, and who has no means short of firing his weapon to prevent escape. I do not believe that the Fourth Amendment supports such a right, and I accordingly dissent.” [Idem.]
However, today’s brutal post-American reality: Michael Slager might as well hang himself, because he is being made a sacrificial lamb. Here are my preliminary observations on some of the actors in this most recent Narrative-driven drama.
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