In Tennessee v. Garner 471 U.S. 1 the Unite States Supreme Court held that the Fourth Amendment prohibits the use of deadly force to prevent the escape of a suspected felon unless it is necessary to prevent the escape and the injury to the officer or others, and that the Tennessee statute was unconstitutional insofar as it authorized the use of deadly force to prevent the escape of an apparently unarmed suspected felon. Justice O’Connor dissents from the majority opinion in that deadly force as a last resort to prevent the escape of a suspect from the scene of a nighttime burglary does not violate the Fourth Amendment. In this case it was said, in which every other case uses, “Officers cannot resort to deadly force unless they have probable cause, to believe the suspect has committed a felony and poses a threat to the safety of the officers or a danger to the community if left at large.” Garner 471 U.S. 1 at 1699

Robert L. Vera Cruz v. City of Escondido

Tennessee v. Garner, 471 U.S. 1, it states that the use of deadly force may not be used to prevent escape of a 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” Garner, 471 U.S. 1 at 7. While in Vera v. City of Escondido 189 F.3d 659, in the discussions of this case, it was deemed constitutional for a K-9 to be used to apprehend a fleeing suspect. The policy for the K-9 units for the Escondido police where that the dogs were permitted to be unleashed when a suspect was fleeing. It does not clearly say what the suspect has to be fleeing form, a felony or a misdemeanor, or even just fleeing for no reason. This is unreasonably seeing as how serious bodily injury is proven to be deadly force, how can they say that putting a man in the hospital for 8 days is not serious bodily injury which is deadly force. In this case the policy in face is unconstitutional according to the verdict of the other cases we have viewed. In Robinette v Barnes 854 F.2d 909, they conclude that Barnes did not employ deadly force to apprehend Daniel Briggs, when he commanded his dog, Casey, to search for Briggs in the building. The Court also found that a dog properly trained to attack, would be classified as deadly force. Thus all the dogs in all these cases, including the one involving out client, they were trained to attack the first open vulnerable part on the body, therefore proving that the attack of a K-9 on a person is deadly force.

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