Does a panel majority improperly discount the need for handcuffing a suspect during a search and seizure?
MultiRegion, United States of America
The following excerpt is from Cortesluna v. Leon, 979 F.3d 645 (9th Cir. 2020):
Ryburn v. Huff , 565 U.S. 469, 477, 132 S.Ct. 987, 181 L.Ed.2d 966 (2012) (citation omitted). And for the same reason, the majority improperly discounts the need for precautionary measures (such as holding the suspect down during handcuffing) in order to address the risk that a suspect who is not then actively resisting may decide to start resisting before the handcuffs are actually placed on him. It is quite wrong for the "panel majorityfar removed
[979 F.3d 662]
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