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Criminal Law

: Fourth Amendment

Handcuffing after flight was permissible

By John Wesley Hall, Jr.

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Handcuffing defendant after his flight was permissible under Terry. Plain feel justified search. United States v. Watson, 2008 U.S. Dist. LEXIS 101918 (N.D. Cal. December 5, 2008).* The court credits the dog's training, in the face of an expert which did not show that the dog did not properly alert, but the officer testified that the dog did. United States v. Brooks, 2008 U.S. Dist. LEXIS 102201 (E.D. Va. November 24, 2008).* The officer "was presented with a visibly nervous driver and passenger, numerous air fresheners, and a single key in the ignition. The court also does not discount [his] knowledge and experience gleaned from his employment as a DPS trooper." United States v. Alexander, 2008 U.S. Dist. LEXIS 102030 (E.D. Tex. August 27, 2008)...continue to full post

Full post as published by Fourth Amendment on December 21, 2008 (boomark / email).

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