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· 8/17/2010

Lundstrom v. Romero

Citations

  • 616 F.3d 1108
  • 2010 U.S. App. LEXIS 17136
  • 2010 WL 3222048

How courts have described this case

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

  • holding that neither the use of handcuffs nor of a gun necessarily renders an investigative detention unreasonable
  • holding that officer effectuated a reasonable seizure when she briefly pointed her gun at individual because officer’s view was obstructed and she became concerned individual was armed
  • holding that the warrantless seizure of a homeowner at his residence during a child welfare check was not justified by exigent circumstances because the homeowner posed no immediate threat of harm to anyone
  • finding that even “serious” allegations of child abuse did not make handcuffing a potential suspect reasonable
  • explaining that officers must have particularized reasonable suspicion before initiating an investigative detention
  • holding officers violated plaintiff’s Fourth Amendment rights when they handcuffed and detained her without first “undertak[ing] the most rudimentary investigation” and where “there was no ongoing emergency” or threat to their safety

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Ebel, Tymkovich

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.