N.D.Okla.: Investigative detention at gunpoint isn’t per se unreasonable

An investigative detention at gunpoint isn’t per se unreasonable. Here, defendant was told to stay in the car and he didn’t, and the officer justifiably drew his weapon for self-protection. This wasn’t unreasonable under the circumstances. “In addition, over the course of the five minute conversation, defendant refused to comply with every one of the officers’ requests and commands. Officer Ramsey asked defendant to come towards him, yet defendant refused to do so. Officer Ramsey explained that he was conducting an investigation and asked defendant to speak to him, but defendant refused and, instead, repeatedly made profane verbal and gesticular protestations. Officer Ramsey commanded defendant to put his hands up numerous times, yet defendant refused to do so.” Thus, the use of handcuffs wasn’t unreasonable. Then, an outstanding warrant surfaced on defendant, and he was arrested. Then he consented to a search of the car. United States v. Phillips, 2018 U.S. Dist. LEXIS 144015 (N.D. Okla. Aug. 24, 2018).