Author Question: Briefly summarize the Supreme Court's view on property damage during the service of a warrant. ... (Read 37 times)

imowrer · **on:** Aug 17, 2018

Briefly summarize the Supreme Court's view on property damage during the service of a warrant.

What will be an ideal response?

Question 2

Summarize the Supreme Court's decisions in Tennessee v. Garner and Graham v. Connor. Why are these decisions important to criminal procedure?

What will be an ideal response?

amanda_14 · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Thank you for answering this question.

Answer to Question 2

The Garner decision declared unconstitutional a Tennessee statute that authorized police officers who give notice of the intent to arrest to use all the necessary means to effect the arrest if the suspect flees or resists.

Four years after Garner, the Supreme Court decided the landmark case of Graham v. Connor, 490 U.S. 386 (1989), which set the standard for nondeadly force. The Court declared emphatically that all claims involving allegations of excessive force against police officers must be analyzed under the Fourth Amendment's reasonableness requirement. Further, the Court adopted a test of objective reasonableness to decide when excessive force is used. This requires focusing on what a reasonable police officer would do without regard to the officer's underlying intent or motivation.