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LA3: Handcuffing for no reason just to check for warrants is unreasonable

By John Wesley Hall, Jr.

Handcuffing the defendant on mere speculation to check for warrants was an unreasonable seizure. Defendant was otherwise cooperative and did not try to flee, and there was no suspicion there was a weapon on him. State v. Palmer, 2008 La. App. LEXIS 1634 (3d Cir. December 11, 2008).* Mistake in SW that stated it was issued July 21 was actually December 21st because the investigation did not even start until December 19th. This was just a typographical error. [Makes one wonder if the issuing judge ever read the warrant or affidavit, doesn't it?] State v. E. J. F., 2008 La. App. LEXIS 1639 (3d Cir. December 11, 2008).* A peeling inspection sticker is not reason for a stop. Moore v. Commonwealth, 2008 Va. App. LEXIS 539 (October 31, 2008)* (Note: This opinion is from the Virginia Supreme Court but is in Lexis as from the Court of Appeals...continue to full post

Full post as published by Fourth Amendment on December 16, 2008 (boomark / email).