how does miranda vs arizona affect law enforcment today?

1 ANSWERS

1. amomipais82
   

   Hi,
   Tennessee statute says that after the police officer has informed the suspect of intent to arrest and the suspect flees or resists, the officer may use all necessary force to affect the arrest. The facts of the case are that a Memphis police officer shot and killed Garner's son as, after being told to stop, he fled over the fence at night in the backyard of the house he was suspected of burglarizing. The officer used deadly force even though he was reasonably sure the suspect was 17 or 18 years old and unarmed. The father than brought this to court saying his son's constitutional rights was violated. The federal district court held that the officer's actions were constitutional and the Tennessee statute was valid. The court of appeals reversed this decision. The judgment that came down from the court of appeals was that the use of deadly force may not be used in affecting the arrest of a felony suspect unless 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. Thus the Tennessee statute became unconstitutional.
   Thanks

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