People v. Smith (1985)
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People v. Couch (1990)
See also People v Smith, 148 Mich App 16 ; 384 NW2d 68 (1985); Werner v Hartfelder, 113 Mich App 747 ; 318 NW2d 825 (1982); Jenkins v Starkey, 95 Mich App 685 ; 291 NW2d 170 (1980).] Five years after the decision in Whitty , the United States Supreme Court in Tennessee v Garner held that under the Fourth Amendment of the United States Constitution, [6] police officers cannot resort to deadly force in making an arrest unless such force is necessary to prevent the escape of a …