FourthAmendment FifthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Whether the Second Circuit disregarded its prior decisions and created precedent that undermines the rule that officers may not handcuff a suspect during a Terry stop without probable cause
QUESTION PRESENTED FOR REVIEW Whether in concluding that, where a suspect presented no discernable threat of physical violence and police had nothing beyond mere speculation that criminal activity was afoot, the case nevertheless presented “unusual circumstances” under which police could handcuff a suspect without transforming an investigative stop under Terry v. Ohio, 392 U.S. 1 (1968) into an arrest, the United States Court of Appeals for the Second Circuit disregarded its prior decisions and created precedent that effectively undermines the rule that officers may not handcuff a suspect during a Terry stop and the core Fourth Amendment tenet that no arrest take place without probable cause. i