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· 3/29/1988

United States v. Aida Serna-Barreto

Citations

  • 842 F.2d 965
  • 1988 U.S. App. LEXIS 4015
  • 1988 WL 26676

How courts have described this case

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

  • holding that officers’ drawing guns did not automatically escalate investigatory stop into an arrest where officers’ safety required such a measure
  • holding that it was not unreasonable for a lone officer stopping a suspected narcotics trafficker in a vehicle at night to point a gun at the driver
  • holding that an officer was justified in drawing his weapon as part of a nighttime Terry stop of possibly armed suspects who “were seated in a car” and thus not in “full view” of the officer
  • officers’ drawing guns did not automatically escalate investigatory stop into an arrest where officers’ safety required such a measure
  • officers’ drawing of guns did not automatically escalate investigatory stop into an arrest where officers’ safety required such a measure
  • “It would be a sad day for the people of the United States if police had carte blanche to point a gun at each and every person of whom they had an ‘articulable suspicion’ of engaging in criminal activity.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cudahy, Posner, Flaum

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.