· 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 CourtListenerSourced 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.