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W.D. Tenn.: Handcuffing during a stop is not necessarily unreasonable

By John Wesley Hall, Jr.

"[P]lacing handcuffs on Defendant during this search would not have been so overly intrusive to exceed the scope of the Terry stop." Untied States v. Lewis, 2008 U.S. Dist. LEXIS 90557 (W.D. Tenn. November 5, 2008).* Defendant's walking away from a parked vehicle when he saw a police officer the second time was reasonable suspicion. State v. Davis, 2008 Ohio 5756, 2008 Ohio App. LEXIS 4832 (10th Dist. November 6, 2008)* (Comment: A thoroughly unconvincing decision). Blocking defendant's path on foot with a police car is a stop. It is not functionally different from blocking the path of a car. State v. Lewis, 2008 Ohio 5805, 2008 Ohio App. LEXIS 4855 (6th Dist. November 7, 2008).*

Full post as published by Fourth Amendment on November 10, 2008 (boomark / email).