Capps v. State of Florida

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a frisk was still part of an investigatory stop even though the suspect was lying down and handcuffed
• holding that no de facto arrest had occurred where police approached the suspect with guns drawn and handcuffed him after he twice refused to raise his hands and \ma[de] furtive movements inside the truck where his hands could not be seen\
• noting that, although the use of handcuffs “substantially aggravat[es] the intrusiveness of an investigatory stop,” doing so does “not necessarily convert a Terry stop into an arrest necessitating probable cause”
• handcuffing justified where suspect disobeyed orders to raise hands and made furtive movements inside truck
• justifying use of handcuffs during Terry stop where suspect refused to keep hands in the air and made furtive movements
• during a stop of a methamphetamine manufacturing suspect, a passenger refused to show his hands, making furtive movements inside a truck as officers approached

Source: CourtListener parenthetical corpus (CC0).