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N.D.Ga.: Defendant who was also a suspect could be detained without PC during execution of SW

By John Wesley Hall, Jr.

Detaining and then handcuffing a potential suspect during the execution of a search warrant was reasonable under the circumstances under Muehler, and it did not require probable cause as to him. United States v. Maddox, 2010 U.S. Dist. LEXIS 112847 (N.D. Ga. September 7, 2010): While Maddox correctly notes that law enforcement's motives in sequestering him are relevant, so long as it was reasonable under the circumstances to detain Maddox during the execution of the search warrant by handcuffing and seating him in the rear of a police car, he was not subjected to an illegal detention or a de facto arrest. Here, unlike the individual challenging the constitutionality of her detention in Muehler, Maddox was not a mere innocent occupant of the house being searched, detained as a result of unfortunate happenstance...continue to full post

Full post as published by Fourth Amendment on October 27, 2010 (boomark / email).