{"id":2911,"date":"2009-03-15T11:11:28","date_gmt":"2009-02-01T07:35:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-02-03T07:38:38","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2911","title":{"rendered":"CA1: Putting defendant in a patrol car during a traffic stop did not necessarily implicate Terry<\/em>"},"content":{"rendered":"

Putting defendant in the back of a police car during a traffic stop did not elevate the stop to a Terry<\/a> stop. United States v. Dunbar<\/a>, 553 F.3d 48 (1st Cir. 2009):<\/p>\n

[T]he fact that Dunbar “was placed in the back of a police cruiser does not elevate the detention beyond a Terry<\/a> stop.” Flowers v. Fiore, 359 F.3d 24, 30 (1st Cir. 2004). Though Dunbar was stopped based on a traffic violation, not on suspicion of some larger crime, we see no basis for concluding that the officer could not place Dunbar in his cruiser while he prepared the traffic citation. See Ruidiaz, 529 F.3d at 32 (holding that “[w]hen a Terry stop is effected in connection with a traffic violation and an officer’s concern for his own safety is implicated, it is within the officer’s authority to order a passenger out of the car as a security measure” and that “an officer may issue such an order as a matter of course; he does not need to have an independent fear for his safety” (emphasis in original) (citation omitted)).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2911","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2911","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2911"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2911\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2911"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2911"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2911"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}