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Small Town Dicks

The Briefing Room: Case Law, Part 1

Small Town Dicks

Audio 99

True Crime, History, Society & Culture

4.710K Ratings

🗓️ 12 August 2022

⏱️ 41 minutes

🧾️ Download transcript

Summary

In today's briefing, we discuss the case law that defines what is considered reasonable when a police officer uses force. These cases are used by departments nationwide as a foundation for use of force policies. The two specific cases you'll hear about today, if you want to read further, are Tennessee v. Garner and Graham v. Connor.






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Transcript

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0:00.0

Hi Paul. Hi Ardly. How are you doing? I'm doing great. How are you? I'm so good. It's so great to have you on Small Town Dicks. Oh I am so happy to be here. So we want to know how did we persuade you to join us here on Small Town Dicks. Oh it was it was a lot of arm twisting. Not the truth.

0:22.0

Well what has always impressed me about Small Town Dicks is the professionalism. First you have your authenticity. You know Dan and Dave, myself we come out of real crime. We've had real experiences. And so the audience, the listeners are getting from Small Town Dicks. What actually happens out there. Not something that's been glamorized. But also you guys don't exploit the cases. You're empathetic to the victims. And this is what I'm all about. And I know that people who know me from

0:52.0

other projects, they will truly see that when they start listening to Small Town Dicks. That's an incredible endorsement. Dan and Dave tell the fine people about some Patreon. Where Paul Holes also joins us on quite a few nuggety nuggets. For just five bucks a month you'll have access to an assortment of bonus episodes, outtakes, listener questions, special series.

1:15.0

All Town Fam you get everything Dave said and your hard earned money goes to support our incredible staff behind the scenes to give you this podcast that we all love. So please join us at patreon.com slash Small Town Dicks.

1:29.0

Remember all those special moments we spent together. You're smiling the morning over an espresso. Cozy afternoons curled up with a hot chocolate. Even keeping you up all night in towns and cities across the country.

1:58.0

We've been through a lot together over the years. So how about we make some new memories over a coffee our treat. Feel the love with a Costa coffee on us. Download the Costa coffee up now to cat yours.

2:10.0

For new Costa club members who registered between centi to November and 24th November, redeem within seven days only and participating stalls subject to availability.c Costa.co.uk slash terms.

2:18.0

Hey Small Town Fam, welcome to the briefing room.

2:30.0

Every day in police stations across the world law enforcement officers begin their shift with briefing. Briefings are essential to communication and allow officers and command staff to discuss calls for service, crime trends, case law, wanted subjects, training opportunities.

2:47.0

And policy changes. Briefing rooms provide a setting where the team can speak with each other candidly and openly.

2:55.0

We wanted to create a similar setting for our listeners. The briefing room series will include intimate and formal conversations about training issues, viral videos, guidance and training from detectives, as well as commentary on other topics impacting law enforcement and the true crime community. So welcome to the briefing room.

3:21.0

Today on the briefing room, we thought it would be really informative to talk about some case law, which greatly informs how police officers are expected to do their jobs out in the field.

3:33.0

So have with me detective Dan. Hello team. Hello you and I have detective Dave. Hello Small Town Fam. All righty Dan, classes in session start us off.

3:49.0

So basically when we talk about case law, it's it's an ongoing curriculum for police officers. It's a constant update for us every year. We have training on new case law and on case law that's maybe been affected by other decisions.

4:09.0

So for this episode, the two cases we're talking about here are Tennessee versus Garner and Graham versus Conor. Now Tennessee versus Garner, this case happened in 74. It wasn't ruled on until 1985 by the Supreme Court.

4:25.0

But this case has to do with the right of the police to shoot a fleeing felon. So we'll talk about that one and the other case is Graham V Conor. This case was ruled on by the Supreme Court in 1989.

4:41.0

And what this case did was it created a three prong test for officers use of force decisions.

4:50.0

And it's the basis of how officers are judged in use of force situations today in 2022. These two cases are landmark decisions that have survived all kinds of challenges over the years going through being re-evaluated by the courts.

5:08.0

They've all been affirmed. These are solid decisions and they're not going anywhere. This is how cases are evaluated by district attorneys who are examining whether or not the police used a reasonable amount of force.

5:23.0

What these two cases basically revolve around is reasonableness. And that's a word that we use in law enforcement quite frequently. Every use of force has to be reasonable when we talk about how officers react in the decisions they make.

5:42.0

We use the reasonableness test to gauge whether or not a similarly trained officer with similar experience would make decisions similar to the officer in question.

5:58.0

So these cases and other cases provide a framework for how police officers do what they do out on the street every day.

...

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