· 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 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.