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LA5: Handcuffing during a Terry stop was not an arrest

By John Wesley Hall, Jr.

Defendant's stop in a high crime area known for random shootings escalated from fear of a weapon, and handcuffing the defendant for officer safety did rise to an arrest. State v. Morton, 2008 La. App. LEXIS 1075 (La. App. 5th Cir. July 29, 2008): Since police officers should not be required to take unnecessary risks in performing their duties, they are authorized to take such steps as are reasonably necessary to protect their safety and to maintain the status quo during the course of a Terry stop. State v. Porche, 943 So.2d at 339. Considering the totality of the circumstances, Officer Thomas was justified in his decision to handcuff defendant as a safety precaution; those actions did not rise to [Pg 9] the level of an arrest. See State v. Gray, 99-47 (La...continue to full post

Full post as published by Fourth Amendment on August 02, 2008 (boomark / email).