{"id":7863,"date":"2012-12-29T14:01:09","date_gmt":"2012-10-23T09:04:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-10-23T09:04:35","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7863","title":{"rendered":"CA11: Handcuffing on the ground at gunpoint not necessarily an arrest"},"content":{"rendered":"

Taking defendant from his car at gunpoint and handcuffing him on the ground was reasonable under the circumstances, and it did not rise to the level of an arrest. United States v. Salas-Garcia<\/a>, 698 F.3d 1242 (10th Cir. 2012):<\/p>\n

By contrast, the officers in this case acted reasonably under the totality of circumstances. The “quantum of force” used to detain Salas-Garcia was reasonable under the circumstances. The officers in this case did not conduct a felony arrest of Salas-Garcia. As Agent Davis explained in his testimony, a felony stop is “a very heightened state of readiness” by the police, where the officers arrive in “several units with guns drawn, giving specific orders to an occupant of a vehicle to do certain things.” Aplee. Supp. App. at 96. But in this case, the patrol officers were only given instructions “to stop the car.” Id. As the district court noted, there is nothing in the record that suggests that the patrol officer who stopped Salas-Garcia “drew or displayed his weapon, forced Defendant to the ground, or employed restraints other than handcuffs.” Aplt. App. at 16-17.<\/p>\n

Given the limited amount of information that the Task Force agents and uniformed patrol officers had regarding Salas-Garcia, placing him in handcuffs was reasonable under the circumstances to ensure both officer and public safety. We have noted that “”[a]n officer in today’s reality has an objective, reasonable basis to fear for his or her life every time a motorist is stopped.'” United States v. Albert, 579 F.3d 1188, 1194 (10th Cir. 2009) …<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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