More incidents in the Richmond Police Department
Incident USA-v-Robert-Haines-Appeal
| Date | Jul 12, 2001 |
| Time | 08:30 AM |
| Report # | USA-v-Robert-Haines-Appeal |
| Department | Richmond Police Department |
| Officers | Robert Sprinkle , William A. Breedlove Jr |
| Address |
1300 block of North 27th St.
Richmond, VA |
| Tags | Richmond Police | Richmond | Surveillance | Robert Sprinkle | Terry Stop | Appeals | East End | US Fourth Circuit Court of Appeals | Erick Flick | William Breedlove | Reversal | Robert Haines | Stop and Frisk | Miranda Rights | Police Harassment | Fourth Amendment | Probab | Reasonable Suspicion | |
Incident Description
"..[T]he district court, in the Suppression Order of November 29, 2001, concluded that “[g]iven the totality of the circumstances known to the officers in this case [Robert S. Sprinkle and Eric Flick], there was not reasonable, articulable suspicion that criminal activity was afoot, sufficient to conduct an investigatory stop of the defendant.'
,.[T]he question of “[w]hether an officer has such reasonable suspicion to justify a stop-and-frisk is subject to de novo review...
Pursuant to the Supreme Court’s decision in Terry v. Ohio, law enforcement officers may properly conduct a brief investigative stop of an individual when they possess reasonable suspicion, grounded in specific articulable facts, that he has been, is, or is about to be engaged in criminal activity.
On appeal, the Government asserts that the events occurring in connection with the surveillance operation of July 12, 2001, were sufficient to create a reasonable suspicion... The Government maintains that... the district court erred... [W]e agree."
Links
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United States v. Haines, 42 F. App'x 554, No. 01-4946 (Per Curiam Opinion)
"Haines also contends that... the Terry stop conducted by the officers turned into an arrest without probable cause when they drew their weapons, handcuffed him, and then led him to a guarded police vehicle... Our prior decisions would indicate, however, that the officers' conduct did not turn the Terry stop into an arrest... ('[W]e have concluded that drawing weapons, handcuffing a suspect, placing a suspect in a patrol car for questioning, or using or threatening to use force does not necessarily elevate a lawful stop into a custodial arrest...'" - United States Court of Appeals for the Fourth Circuit, July 11, 2002 (Via Caselaw Access Project/Harvard Law School Library)