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Essay / An Overview of the 1989 Graham v. Connor Case
The topics of use of force and search and seizure are controversial topics in the media regarding the criminal justice field today. Many cases are sensationalized in the media. However, there are remarkable cases that have mostly gone unnoticed by the people. In 1989, Graham v. Connor was brought before the United States Supreme Court, a case that to many outside the legal system seemed unimportant, a case in which the courts would see fit to create a new legal standard. In a rare moment of clarity, the tribunal members agreed that what is now considered a standard of "objective reasonableness" should apply to a civilian's allegation that a member of the security forces the order used what they believe was excessive force in the case. during an attempt to make an arrest, or to carry out an arrest for investigation, or any other “seizure” of the person. Say no to plagiarism. Get a custom essay on "Why Violent Video Games Should Not Be Banned"? Get the original essay And so on November 12, 1984, Dethorne Graham, a maintenance worker for the Carolina Department of Transportation Nord, a diagnosed diabetic, feels like he is at the beginning of a diabetic reaction and needs sugar to make up for the insulin he just took. So Mr. Graham asked a friend to drive him to a local convenience store so he could buy orange juice to counteract the insulin reaction. (Connor, nd) As Mr. Graham entered the store, Graham noticed the police car parked in front of the store, but did not think twice about it. After all, he was just another innocent citizen going about his daily business. However, he needed some sugar and he couldn't wait. Upon entering the store and seeing the number of people in front of him, Graham later, by his own admission, rushed out of the store and asked his friend to drive him elsewhere for his sugar. . Officer Connor of the Charlotte Police Department, who was sitting in his patrol vehicle across the street, saw Graham enter the store and then quickly run away from the store. It was what was often described by police as a classic move for a thief or thief. armed robber. (Rehnquist, 1988) In fact, officers are trained to look for and recognize such suspicious activity and Connor, as well as any other officer being "objectionably reasonable", would think that Graham's actions were suspicious and, therefore, worthy of investigation more in-depth. . Graham entered the vehicle in which he was previously a passenger and together he and his friend left the immediate area. Naturally, as previously stated, for a seasoned police officer, such behavior would be considered somewhat suspicious and Officer Connor immediately arrested them. for what was initially supposed to be an investigative stop. A simple stop to determine what they were doing at the store, and if a crime had been committed. (Rehnquist, 1988) The driver of the vehicle, Mr. William Berry, attempted to explain to Officer Connor that Graham was diabetic, but the officer, unsure of the circumstances, ordered the two men to wait while he asked what had happened. happened in the store. When Connor returned to his patrol car to call for backup, Graham got out of his vehicle and began driving around him twice, before finally sitting down on the curb, where he then briefly passed out. (Rehnquist, 1988) In response to Connor's cry for help, a number of other police officers fromCharlotte arrived on the scene to serve as backup. One of these officers knocked Graham down onto the sidewalk and handcuffed his hands behind his back. While all this was going on, Mr. Berry was supposed to be pleading with the police to bring Graham some sugar. A number of officers then picked Graham up from behind and carried him to Berry's car, where he was placed face down on the hood. (Rehnquist, 1988) Upon regaining consciousness that the officers were unable to actually verify, Graham asked the officers to check his wallet for a diabetic ID card he was carrying. In response, one of the officers allegedly told him to “shut up” and was accused of pushing Graham face-down against the hood of the car. Four officers then grabbed Graham and put him headfirst into the police car again. (Rehnquist, 1988) Another friend of Graham's brought orange juice to the car, but the police refused to let him have it. Eventually, Officer Connor received a report from other officers at the convenience store scene stating that Graham had done nothing wrong at the scene and that no crime had in fact occurred. Following this discovery, one of the officers drove Graham home and released him. (Rehnquist, 1988). At one unfortunate point during his painful encounter with police, Graham claimed to have suffered a broken foot, several cuts to his wrists, a bruised forehead and an injured shoulder; he also claims to have developed a loud ringing (tinnitus) in his right ear that seems to persist to this day. Graham, as was his right under the law, filed suit against Officer Connor, accusing him of violating his (Graham's) rights under the Fourth Amendment (Rehnquist, 1988). Graham was in a financial position to obtain his own lawyer and filed a federal lawsuit under a section of the U.S. Code that covers the violation of a person's civil rights by a law enforcement officer. order. The case followed the usual appellate process all the way to the United States Supreme Court, which established Graham v. Connor under the Constitution in 1989. However, before it could even begin to examine the facts of On the other hand, it must be recognized that since the creation of SCOTU S, no law enforcement agent has ever gotten up from his bed and thought: "That's it, it's Today is the day I want to set a precedent.” Yet there are extremely rare moments in history, those occasions when an officer's actions, as well as his observations, thoughts and feelings, will be closely scrutinized. It's just these very brief moments, sometimes seconds long, that attract the attention of lawyers, courts and finally the media, who, in order to attract attention to their product, will provide a very one-sided story to pander to. to their audience, and of course, it's those same seconds that will make the difference in whether an officer goes home today, or becomes another statistic ignored by the media, a name on a wall in Washington D.. Which few people will ever care about. Despite all this, there is little hope such cases will reach the SCOTU S and if found worthy of a hearing, the details of an incident can be consolidated as case law in the highest courts of the country. The case of Graham v. Connor from 1989 is a good example of how the actions of a single police officer started a process that would establish important case law. The conclusions resulting from the Graham v. Connor continues to this day to determine the legality of every use of force decision made by every law enforcement officer in the country. The decision.