NE: Def was stopped on street bloody and highly agitated; he was detained and then officers were going to transport him away from area but not arrest him; patdown validly produced brass knuckles

Police responded to a call and found defendant on the street, and he’d apparently been involved in an altercation. He and his hands were bloody and he was highly agitated. Ultimately, the police handcuffed him until he calmed down while they sorted out what was going on. They decided to transport him to a safer place rather than just leave him, and a patdown was ultimately conducted finding brass knuckles for which he was charged. “We find that the government did not exceed the permissible scope and duration of a Terry stop and that Shiffermiller’s continued detention was appropriate under the circumstances because it was undertaken with the goal to protect the safety of Shiffermiller and the public. A search of Shiffermiller’s person was justified because it was undertaken to ensure officer safety during Shiffermiller’s transport. The search which yielded the brass knuckles was not a violation of Shiffermiller’s Fourth Amendment rights. Therefore, we affirm the conviction and sentence for possession of a deadly weapon by a prohibited person.” State v. Shiffermiller, 26 Neb. App. 250 (Aug. 30, 2018).

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