{"id":4567,"date":"2011-01-11T13:46:10","date_gmt":"2010-08-21T00:18:24","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-08-20T09:44:12","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4567","title":{"rendered":"CA10: Pulling a gun when perceiving a threat is reasonable"},"content":{"rendered":"

Officer’s pointing a gun at an arrestee was not unreasonable. Handcuffing another who was cooperative with the police was unreasonable. Lundstrom v. Romero<\/a>, 616 F.3d 1108 (10th Cir. 2010)*:<\/p>\n

As an initial matter, the use of a gun does not in and of itself make an encounter an unlawful seizure. See United States v. Copening, 506 F.3d 1241, 1248 (10th Cir. 2007). “[T]he use of guns in connection with a stop is permissible where the police reasonably believe the weapons are necessary for their protection.” United States v. Neff, 300 F.3d 1217, 1220 (10th Cir. 2002) (internal quotation marks omitted). “[T]he pointing of firearms should[, however,] be predicated on at least a perceived risk of injury or danger to the officers or others, based upon what the officers know at that time.” Thomas v. Durastanti, 607 F.3d 655, 669 (10th Cir. 2010) (ellipsis and internal quotation marks omitted). In determining whether the use of weapons was reasonable, we look to the totality of the circumstances as viewed from the perspective of a reasonable officer on the scene. See Holland, 268 F.3d at 1188.<\/p>\n

. . .<\/p>\n

On these facts, when Officer Romero briefly pointed her gun at Lundstrom, she effectuated a reasonable seizure since she had a reasonable concern about her safety. See United States v. Perdue, 8 F.3d 1455, 1462-63 & n. 5 (10th Cir. 1993) (holding that effectuating an investigative detention by pointing guns at an individual was reasonable where the officers had reason to fear for their safety and noting officers need not be absolutely certain the individual is armed because the issue is whether reasonably prudent persons in the circumstances would be warranted in the belief that their safety is at risk). The encounter was limited in time and scope; Romero lowered her gun as soon as she saw Lundstrom’s hands.<\/p><\/blockquote>\n

A swearing match between a citizen and an officer over the use of excessive force by using a take down move and slamming him to the floor seriously injuring him was enough to deny summary judgment. The law was well settled at the time. Shannon v. Koehler<\/a>, 616 F.3d 855 (8th Cir. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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