Higgins v. Central Cigar Co.

How courts have described this case

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

• noting that “whether the police physically restrict the suspect’s liberty is an important factor in analyzing” whether an arrest occurred
• observing that “handcuffing substantially aggravates the intrusiveness of an otherwise routine investigatory detention and is not part of a typical Teny stop”
• stating that, among other factors, “handcuffing substantially aggravates the intrusiveness of an otherwise routine investigatory detention and is not part of a typical Terry stop.”
• suggesting that the same police actions can constitute a de facto arrest in some circumstances but not in others
• explaining that “as a practical matter neither society nor our enforcement of the laws is yet color-blind”
• noting that when an officer is alone or out-numbered, more aggressive tactics may be justified

Source: CourtListener parenthetical corpus (CC0).