Presence of Drugs Justifies Handcuffing Passenger
United States v. Albert, ___ F.3d ___, 2009 WL 2757038 (10th Cir. 2009).
Handcuffing of defendant passenger in vehicle stopped for illegal lane change did not amount to an arrest. The COA holds that in appropriate circumstances handcuffing is allowed for officer safety during a Terry investigation, if a reasonable person under the facts would determine the action appropriate. Before the cuffing the officer discovered illegal drugs and knew the driver had two outstanding warrants, thus elevating the danger of the situation.
Pat down search of defendant reasonable–there was evidence of a drug crime, and guns and violence are associated with drug crimes, justifying a pat down for officer safety. The officer found a tourniquet (not a gun or drugs). The COA ruled that while permissible at its inception, the frisk became intrusive when police seized the tourniquet. Nevertheless, that alone, and in combination with the cuffing, did not transform the detention into an arrest.
Handcuffing of defendant passenger in vehicle stopped for illegal lane change did not amount to an arrest. The COA holds that in appropriate circumstances handcuffing is allowed for officer safety during a Terry investigation, if a reasonable person under the facts would determine the action appropriate. Before the cuffing the officer discovered illegal drugs and knew the driver had two outstanding warrants, thus elevating the danger of the situation.
Pat down search of defendant reasonable–there was evidence of a drug crime, and guns and violence are associated with drug crimes, justifying a pat down for officer safety. The officer found a tourniquet (not a gun or drugs). The COA ruled that while permissible at its inception, the frisk became intrusive when police seized the tourniquet. Nevertheless, that alone, and in combination with the cuffing, did not transform the detention into an arrest.
posted by Anonymous at 9:15 AM
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