· 7/1/1985
United States v. Donald Lee Kapperman
Citations
- 764 F.2d 786
- 1985 U.S. App. LEXIS 30815
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a Terry stop of a vehicle was 8 USCA11 Case: 19-11131 Date Filed: 04/30/2021 Page: 9 of 22 supported by reasonable suspicion where officers had an objective reason to believe that there may have been a fugitive inside the vehicle
- establishing that neither handcuffs nor other restrains will automatically convert a Terry stop into a de facto arrest requiring probable cause and that the relevant inquiry in either context is reasonableness
- rejecting the argument that “moving the investigation or requiring [the defendant] to ride in the patrol car to a nearby place where the search would be conducted converted a lawful investigatory stop into an arrest[]”
- “[Neither handcuffing nor other restraints will automatically convert a Terry stop into a de facto arrest.” (emphasis omitted)
- “Police may take reasonable action, based upon the circumstances, to protect themselves during these encounters, or to maintain the status quo.”
- officer had probable cause for arrest in part because the suspect matched the provided description and was evading police
Source: CourtListener parenthetical corpus (CC0).
Judges: Kravitch, Clark, Peck
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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