Should fourth amendment apply to manner of arrest


Problem 1: Should the Fourth Amendment apply to the manner of the arrest?  Defend your answer

Problem 2: Professor H. Richard Uviller, a longtime student of police power and the Constitution, commented on the decision in Tennessee v. Garner:

"It is embarrassing for a law professor to be blindsided in his territory.  But the truth is, I didn't see it coming.  It had never occurred to me that a police officer shooting to kill a fleeing felon might be engaging in an unconstitutional search and search.  Of course, I can see the connection now that it has been explained to me, but I did not spontaneously equate a deadly shot with an arrest.  And I have had some prior acquaintance not only with the Fourth Amendment but specifically with the bullet aimed at the back of a retreating felon.  Should shooting a suspect be considered a Fourth Amendment "seizure"?"

Problem 3: Professor Uviller asks the following questions: Would the rule, in this case, permit an officer to shoot a drunk driver swerving erratically down the road headed toward a town?  A person wanted for a series of violent crimes but not presently armed who flees from the police?  How would you answer Professor Uviller's questions?  Defend your answers.

Problem 4: Will this rule embolden criminals?  Did the Court tilt the balance toward protecting criminal defendants and way from protecting society?  Defend your answer.

Request for Solution File

Ask an Expert for Answer!!
Other Subject: Should fourth amendment apply to manner of arrest
Reference No:- TGS03305740

Expected delivery within 24 Hours