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by dlh
Sun Dec 31, 2017 2:53 pm
Forum: New to CHL?
Topic: using deadly force
Replies: 25
Views: 17540

Re: using deadly force

I wonder if the Texas Castle Doctrine's presumption of reasonableness has been reviewed by the United States Supreme Court?

This thread caused me to reread the Tennessee v. Garner case:

http://caselaw.findlaw.com/us-supreme-court/471/1.html

and particularly this language in the opinion:

However, the fact that Garner was a suspected burglar could not, without regard to the other circumstances, automatically justify the use of deadly force. Hymon did not have probable cause to believe that Garner, whom he correctly believed to be unarmed, posed any physical danger to himself or others.

It is understood that case was viewed from the standpoint of the police shooting a fleeing burglar--not a homeowner shooting a burglar inside the home-owner's residence.

In my old-age I am too lazy to research any newly pertinent case-law since Garner. Maybe those with more energy will undertake such a task.

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