It is unconstitutional to shoot an apparently unarmed, fleeing suspected felon unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officer or others.
Not every time the police stop a person to ask questions or to seek that person's consent to a search is there a seizure or detention requiring probable cause or a warrant... displayed 300 characters
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If the police just as questions or seek consent to search an individual person or possessions in a no coercive atmosphere, there is no detention. If the person refuses to answer questions or consent to a search, and the police by either physical force or a show of authority, restrain the movement of the person, even though there is no arrest, the Fourth Amendment comes in play... displayed next 300 characters
Neither of these presentations of the incident took any action.
Procedure: Garner's father brought the action the police officer took in the Federal District Court for the Western District of Tennessee, looking for violations that were made of Garner's constitutional rights...
It is unconstitutional to shoot an apparently unarmed, fleeing suspected felon unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officer or others...
So in return Garners father filed a case against the officer saying that his sons constitutional rights were violated . The court said it would be only justifiable if the officer could of proven that the kid running away was going to be a threat or serious injury to the public or officer and in that case it was reasonable to use deadly force to arrest the suspect...
He has only been held on questioning and not charged with the murder of Officer Wood.
I feel bad for the department that is dealing with this loss. For them to be so good for so many years before having anything happen on the job...
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