Handcuffing plaintiff for presenting his handgun permit when stopped wasn\u2019t reasonable. \u201cBecause, on the record read in the light most favorable to the non-moving party, no reasonable police officer could have believed he or she had probable cause to arrest Plaintiff, the Court denies summary judgment on the lawfulness of the de facto arrest and declines to immunize the officer on this record.\u201d Soukaneh v. Andrzejewski, 2021 U.S. Dist. LEXIS 147750 (D.Conn. Aug. 6, 2021).<\/p>\n\n\n\n
Defendant consented to the officer looking in his satchel he was carrying on the street. \u201cHarper is an adult with prior experience of the legal system and the rights afforded a person who has been arrested. There were two officers with him at the vehicle, which was parked on a public sidewalk at a busy location. This was not a circumstance of overwhelming police presence in an isolated location. There is no evidence of threats or promises made to induce him to consent. Harper was agreeable to answering questions posed by Officer Cooper, who asked him whether there was anything in his bag that Officer Cooper needed to know about. Harper said that Officer Cooper could \u2018check it out\u2019 and look inside it. He opened the bag to show the interior. Officer Cooper shined his flashlight into the bag and saw a black digital scale. The encounter was relatively brief, and although he points out that there were no Miranda warnings given, none were required.\u201d United States v. Harper, 2021 U.S. Dist. LEXIS 146714 (E.D.Mo. July 14, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Handcuffing plaintiff for presenting his handgun permit when stopped wasn\u2019t reasonable. \u201cBecause, on the record read in the light most favorable to the non-moving party, no reasonable police officer could have believed he or she had probable cause to arrest … Continue reading