Use of Deadly Force and the Court

Recently the US Supreme Court decided a case that may effect how State v. Garner is used under Section 1983 in 4th Amendment Litigation.

To read the Article goto: http://www.nytimes.com/2007/04/30/us/30cnd-scotus.html

Justice Scalia relied heavily upon the video of the pursuit and crash. This demonstrates that the need for visualization of legal and factual issues are critical in the way we present evidence. In cases where such evidence does not exsist - demonstrative evidence creation should be considered.

In this case a Georgia man, wanted for speeding was pursued at speeds of 90 MPH on a wet surface. The Supreme court found that the Police were justified in using deadly force to stop the suspect. This may effect a change in how these types of cases are defended and prosecuted.

Scott G. Roder, Trial Consultant
scott@roderev.com (216) 326-7562