Case Study: Is It Reasonable?

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Developed by The Florida Law Related Education Association, Inc. www.flrea.org

A case study approach • • • • •

Overview Facts of the case Examining the Fourth Amendment Applying/interpreting the law Making a decision A public education program of The Florida Bar

Vote with your feet • Is it reasonable for law enforcement to stop a fleeing car in a high speed chase by hitting the car off the road? • Yes it is reasonable • No it is not reasonable A public education program of The Florida Bar

The Fourth Amendment • What do we need to know?

• What does the U.S. Constitution say? • What does it mean? A public education program of The Florida Bar

The Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. A public education program of The Florida Bar

The Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects…

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What is unreasonable??? …against unreasonable searches and seizures…

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Do you always need a warrant? …shall not be violated, and no Warrants shall issue…

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What is probable cause?

…but upon probable cause…

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The Fourth Amendment …supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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The Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. A public education program of The Florida Bar

Seizure - Definitions A Fourth Amendment seizure occurs when: • There is government termination of freedom of movement through means intentionally applied; or • An officer by means of physical force or show of authority restrains the liberty of a person. A public education program of The Florida Bar

Case Study – Handout Facts • • • • • •

Facts of the Case (Handout) Circle or highlight all relevant facts Overview and review of facts Trace the case through the courts Apply the U.S. Constitution and precedent Make a decision

• Factual scenario – read and dissect A public education program of The Florida Bar

Case study 1. Is it reasonable for Deputy Scott to stop a high speed chase by hitting Mr. Harris’ car thereby causing serious bodily injury? 2. Did the officer violate the Fourth Amendment by using excessive force during the high-speed chase?

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Tennessee v. Garner • What is deadly force? • How does it apply?

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Tennessee v. Garner: the statute A Tennessee statute provided that, if, after a police officer has given notice of an intent to arrest a criminal suspect, the suspect flees or forcibly resists, "the officer may use all the necessary means to effect the arrest.“ A public education program of The Florida Bar

Tennessee v. Garner: Facts of the Case • Acting under the authority of this statute, a Memphis police officer shot and killed a young man who was fleeing over a fence in the backyard of a house he was suspected of burglarizing, after being told to halt. • The father of the young man brought an action in Federal District Court, seeking damages under 42 U.S.C. 1983 for violations of his son's constitutional rights. • What do you think? Is the statute constitutional? • What about the officer’s actions? Were they A public education program reasonable? of The Florida Bar

Affirmed the decision of the Court of Appeals; held unconstitutional.

U.S. Supreme Court

U.S. Court of Appeals: Reversed the decision of the district court; held that killing a fleeing suspect is a “seizure” U.S. Court of Appeals reversed under the Fourth Amendment and such athe seizure would only be reasonable if the decision of the District Court. suspect posed a threat to the safety of police officers or the community at large.

The District heldCourt thatheld thethat statute waswas District Court: Court The District the statute constitutional and the actions were reasonable. constitutional andofficer's the officer's actions were reasonable.

Tennessee v. Garner in the Federal Courts

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Tennessee v. Garner: The Case in the Courts • Held: The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against, as in this case, an apparently unarmed, non-dangerous 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. Pp. 497 U. S. 7-22 A public education program of The Florida Bar

U.S. Supreme Court

U.S. Court of Appeals: Affirmed the decision of the district court; Scott’s actions constituted an unreasonable U.S. Court of appeals affirms the seizure in violation of the 4th decision ofScott’s the District Court. Amendment; use of deadly force was unconstitutional. District Court: Harris filed suit against Deputy Scott alleging Scott court finds favor of Mr. violatedDistrict his constitutional right toin protection from an Harris unreasonable seizure because he used deadly force during a high speed chase. Harris prevailed.

Scott v. Harris in the Federal Courts

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Applying the law • • • • •

Think about the facts of the case Think about the Fourth Amendment Think about case law Think about the questions before the Court What else do you want to consider?

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Case study 1. Does an officer who stops a high-speed chase by hitting the car off the road and causing serious injuries violate the driver’s Fourth Amendment rights? 2. Did the officer violate the driver’s Fourth Amendment protections by using excessive force during a high-speed chase? A public education program of The Florida Bar

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What is a PIT maneuver?

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Case study 1. Does a police officer who stops a highspeed chase by hitting a fleeing suspect's car off the road causing serious bodily injury violate the Fourth Amendment's protection against unreasonable seizure? 2. Did the officer violate the Fourth Amendment by using deadly force during a high-speed chase? A public education program of The Florida Bar

Question before the Court • Individuals should write down their answer to the question based on the facts of the case and the law. In other words did Deputy Scott violate the Fourth Amendment? • Why? Give reasoning • Apply the law and reach a decision of the Court. • Select a Chief Justice. Poll your group. Everyone speaks once before anyone speaks twice. A public education program of The Florida Bar

Decision of the US Supreme Court • U.S. Supreme Court in an 8 to 1 decision ruled that Deputy Scott did not violate the Fourth Amendment. Reversed the 11th Circuit and found Deputy Scott should be entitled to summary judgment.

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Holding of the U.S. Supreme Court Held: Because the fleeing driver posed a substantial and immediate risk of seriously injuring others, Deputy Scott’s attempt to end the chase by forcing the driver off the road was reasonable.

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