FL4: Handcuffing here was unjustified even by officer safety; no RS

There was an abandoned vehicle, and defendant was in the vicinity, standing in the road talking to a local resident, out of breath and sweating. The resident didn’t know him. Things didn’t add up to the officer, so he called for backup and handcuffed the defendant. At the time of handcuffing, the officer did not have reasonable suspicion, even for officer safety. Nothing came of the encounter that suggested defendant was involved in anything criminal or had anything on him that was criminal. Croissy v. State, 2016 Fla. App. LEXIS 727 (Fla. 4th DCA Jan. 20, 2016).

Officers had reasonable suspicion to look in a car for a gun after being called to a domestic dispute involving a gun. When no gun was found on defendant, a witness said there was a gun in his car. United States v. Fonville, 2015 U.S. Dist. LEXIS 175027 (E.D.N.C. Oct. 5, 2015),* adopted 2016 U.S. Dist. LEXIS 6788 (E.D.N.C. Jan. 19, 2016).*