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E.D.Mich: Terry stop for waving gun permitted handcuffing without becoming an arrest

FourthAmendment.com - News - Wed, 2024-11-27 16:45

Where waving a weapon was reported to 911, handcuffs during a Terry stop and frisk was reasonable and not an arrest. United States v. Moore, 2012 U.S. Dist. LEXIS 71023 (E.D. Mich. May 22, 2012):

Defendant argues his seizure ripened into an arrest the moment he was handcuffed and thus required probable cause. (Def.'s Mot. at 6.) This Court disagrees. The Sixth Circuit considered a similar argument in Houston v. Clark County Sheriff Deputy John Does 1-5, 174 F.3d 809, 814 (6th Cir. 1999). In Houston, the court observed that "the use of handcuffs [does not] exceed the bounds of a Terry stop, so long as the circumstances warrant that precaution." Id. at 815 (citing cases). It concluded that, because the defendant officers reasonably believed that the individuals stopped had been involved in a shooting, "their use of handcuffs and their detention of the men in the [police] cruisers were both reasonably necessary to protect the officers' safety during the investigation ... [and] were therefore 'reasonably related' to the investigation that warranted the initial stop." Id. The same is true here. Based upon the facts provided to them from the in-person interview with the 911 caller, the officers that initially stopped Defendant had a reasonable belief that he was intoxicated, armed, and dangerous. Thus, their use of handcuffs before conducting a pat-down for weapons was reasonably necessary to protect their safety during the investigation that warranted the initial stop.

Nuclear Disaster Spreads to Houses, Food Japan

TruthNews.US - News - Wed, 2024-11-27 16:45
CNN.com | Residents of apartment building 40 miles from Fukushima find out cement used to build apartment is radioactive. Government says its safe.

South Korea Warns North Korea of ‘Grave Consequences’ if North Tests Nukes

TruthNews.US - News - Wed, 2024-11-27 16:45
Korea Herald | Foreign Ministry Spokesman: "If North Korea goes ahead with a nuclear test, it will be a clear breach of the April 19 presidential statement by the U.N."

Black Op Down: Hollywood Jazzes Up Fake Osama Raid For The Children

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Saman Mohammadi | Hollywood is rolling up its sleeves to turn a juicy original screenplay from the White House into a highly dramatic and suspenseful thriller.

Bilderberg Plays King Maker

TruthNews.US - News - Wed, 2024-11-27 16:45
Infowars.com | Mitt Romney isn't very far into the vice presidential selection process. But according to a dedicated band of conspiracy theorists, the pick is all but a lock: Sen. Marco Rubio.

Zuckered: Facebook IPO Scandal Heats Up!

TruthNews.US - News - Wed, 2024-11-27 16:45
Infowars.com | Wall Street Banks scammed the public when they shared secret earnings estimates and valuations of Facebook with insiders much worse than they publicly reported.

Count Cameron Bans Crucifixes Lord Monckton’s In-Studio Report

TruthNews.US - News - Wed, 2024-11-27 16:45
Infowars.com | Monckton is a British politician, public speaker, former newspaper editor, and a spirited critic of the globalist theory of anthropogenic global warming.

45 Signs That China Is Colonizing America

TruthNews.US - News - Wed, 2024-11-27 16:45
The American Dream | Just because you were once the most powerful nation on earth does not mean that you will always be the most powerful nation on earth.

New law review articles on Facebook

FourthAmendment.com - News - Wed, 2024-11-27 16:45

Junichi P Semitsu, Arresting Development: Facebook Searches and the Information Super Highway Patrol, 65 Ark. L. Rev. 99 (2012)

Caren Myers Morrison, Passwords, Profiles, and the Privilege Against Self-Incrimination: Facebook and the Fifth Amendment, 65 Ark. L. Rev. 133 (2012)

These aren't available for free on the law review's website yet.

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