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KS: Moving the defendant slightly during stop is not an arrest

By John Wesley Hall, Jr.

Just because a suspect is moved slightly during his stop, it is not turned into an arrest: “We conclude, therefore, that when required for the safety of the officer or suspect, a suspect may be moved a short distance during an investigatory detention if that is consistent with the purposes of the investigation, does not unduly prolong the duration of the detention, and does not otherwise turn the situation into the equivalent of a formal arrest.” State v. Barriger, 2010 Kan. App. LEXIS 113 (October 1, 2010).* Seeing defendant on school property without a school uniform was reasonable suspicion of trespassing on school property. When she opened her purse, a knife was in plain view. State in the Interest of K.M., 2010 La. App. LEXIS 1305 (4th Cir...continue to full post

Full post as published by Fourth Amendment on October 06, 2010 (boomark / email).