S.D.Ala.: Handcuffing did not make an arrest per se; it was for officer safety

Defendant’s handcuffing was with reasonable suspicion and proportionate to the risk to officer safety. Then his arrest was with probable cause. United States v. Hunter, 2014 U.S. Dist. LEXIS 23515 (S.D. Ala. February 25, 2014)*:

Given the totality of the circumstances known to Detective Calhoun and Special Agent Perry when they arrived at Hunter’s mother’s house, their decision to place Hunter in handcuffs for a few minutes while they interviewed his mother and girlfriend was a permissible, reasonable measure taken to ensure their safety. Contrary to defendant’s apparent position, their act of briefly handcuffing Hunter was not an arrest and did not require probable cause. Moreover, that conduct was a reasonable, appropriate safety measure because they harbored a reasonable belief (based on all facts and circumstances then known to them) that Hunter might be dangerous and might have access to a firearm. The detention of Hunter on November 22, 2013 was not performed in a manner that was disproportionate to the threat to officer safety, and did not violate the Fourth Amendment.