Tuesday, November 07, 2006

Consent to Search Not Coerced Despite Handcuffs on Defendant

U.S. v. Flowers, 2006 WL 3095829 (11/2/06)(unpub'd) - It was okay to continue to handcuff the defendant, even though no gun was found on his person, due to a prior report that he previously had a weapon. Plus, the officers had probable cause to arrest the defendant because of the eyewitness complaint that the defendant had threatened her with a gun. The officers could accept the uncorroborated story absent evidence it was "fishy." The defendant's consent to search his car while he was handcuffed was not coerced.