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· 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 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.