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D.Me.: Weapons drawn during stop was not unreasonable under Terry

By John Wesley Hall, Jr.

Guns and handcuffs on a defendant are not necessarily unreasonable. The officers have to show that they reasonably feared violence. United States v. Pontoo, 2010 U.S. Dist. LEXIS 136962 (D. Me. June 14, 2010)*: While, in this case, there was no report that Austin was armed, the record bears out that Maillet and Michaud did actually fear for their safety, and that their fear was objectively reasonable. That Maillet and Michaud subjectively feared for their safety is evident from their actions: both Maillet and Michaud drew their weapons, Maillet parked his cruiser in such a manner as to afford himself cover, and Maillet immediately ordered the defendant into a felony-prone position, handcuffed, and pat-frisked him. That fear, in turn, was objectively reasonable in the circumstances: the individual whom they sought had harassed his ex-girlfriend throughout the night, previously appeared agitated, and now reported at 3:30 in the morning that he had committed murder at the location of her address...continue to full post

Full post as published by Fourth Amendment on January 01, 2011 (boomark / email).