An investigative detention at gunpoint isn\u2019t per se unreasonable. Here, defendant was told to stay in the car and he didn\u2019t, and the officer justifiably drew his weapon for self-protection. This wasn\u2019t unreasonable under the circumstances. \u201cIn addition, over the course of the five minute conversation, defendant refused to comply with every one of the officers’ requests and commands. Officer Ramsey asked defendant to come towards him, yet defendant refused to do so. Officer Ramsey explained that he was conducting an investigation and asked defendant to speak to him, but defendant refused and, instead, repeatedly made profane verbal and gesticular protestations. Officer Ramsey commanded defendant to put his hands up numerous times, yet defendant refused to do so.\u201d Thus, the use of handcuffs wasn\u2019t unreasonable. Then, an outstanding warrant surfaced on defendant, and he was arrested. Then he consented to a search of the car. United States v. Phillips, 2018 U.S. Dist. LEXIS 144015 (N.D. Okla. Aug. 24, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"
An investigative detention at gunpoint isn\u2019t per se unreasonable. Here, defendant was told to stay in the car and he didn\u2019t, and the officer justifiably drew his weapon for self-protection. This wasn\u2019t unreasonable under the circumstances. \u201cIn addition, over the … Continue reading