{"id":8632,"date":"2013-11-12T07:43:11","date_gmt":"2013-04-17T08:06:22","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-04-17T08:06:22","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8632","title":{"rendered":"CA5: Whether handcuffing was justified after full frisk was question for jury in civil case"},"content":{"rendered":"<p>Whether a handcuffing was necessary is a question of fact for trial, and it was on video. \u201cMore importantly, Officer Lynch had already frisked Brown for weapons, finding none. The officers characterize the frisk as \u2018quick\u2019 and \u2018restricted,\u2019 but the videotape evidences a pat-down lasting an entire minute and covering much of Brown&#8217;s body. The reasonableness of the officer&#8217;s belief that Brown posed a threat depends on the scope of the pat-down and whether a concealed weapon might actually have gone undetected. Summary judgment is inappropriate in light of these disputed issues of material fact.\u201d The audio also does not support a need for handcuffing. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/12\/12-30042.0.wpd.pdf\">Brown v. Lynch<\/a>, 524 Fed. Appx. 69 (5th Cir. 2013).*<\/p>\n<p>Defendant\u2019s guilty plea waived all nonjurisdictional defects, including whether defense counsel properly investigated a suppression issue. Powell v. United States, 2013 U.S. Dist. LEXIS 53610 (S.D. Ala. March 13, 2013).*<\/p>\n<p>The fellow officer rule provided collective probable cause there was drugs in defendant\u2019s car for when it was stopped. Defendant was already under investigation as a part of a DTO where there were wiretaps. United States v. Cabral, 2013 U.S. Dist. LEXIS 53890 (D. Mass. April 16, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8632\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-8632","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8632","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8632"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8632\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8632"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8632"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8632"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}