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.