In Re David S.

How courts have described this case

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

• noting that in the three decades following the Supreme Court’s decision in Terry, the permissible scope of a Terry stop has been expanded
• explaining that de novo review given to the trial court’s determination as to whether, under the facts found, there was reasonable suspicion to make a warrantless search
• explaining that de novo review given to the trial court's determination as to whether, under the facts found, there was reasonable suspicion to make a warrantless search
• stating that “[i]f during a lawful pat-down an officer feels an object which obviously is not a weapon, further patting of it is not permissible[]”
• recognizing the drawing and pointing of firearms and use of handcuffs as indicia of an arrest
• holding that a “hard take down” in which officers forced the individual to the ground and handcuffed him was a limited Terry stop, not an arrest, when the “conduct was not unreasonable because the officers reasonably could have suspected that the respondent posed a threat to their safety”

Source: CourtListener parenthetical corpus (CC0).