What is the test for handcuffing a suspect during a traffic stop?

California, United States of America


The following excerpt is from People v. Turner, 161 Cal.Rptr.3d 567 (Cal. App. 2013):

detention into an arrest. [Citations.] ( Id. at p. 675, 16 Cal.Rptr.3d 85, 93 P.3d 1027.) 10 It explained that while such actions by officers would rarely be justified for a routine traffic stop, they may be appropriate when the stop is of someone suspected of committing a felony. ( Id. at p. 676, 16 Cal.Rptr.3d 85, 93 P.3d 1027; see also People v. Stier (2008) 168 Cal.App.4th 21, 27, 85 Cal.Rptr.3d 77 [officers' handcuffing of suspect during detention generally held permissible only where the police officer has a reasonable basis for believing the suspect poses a present physical threat or might flee].)

Other Questions


In a traffic stop, can the officer question the driver about the driver's medical history or medical history of the patient at the time of the traffic stop? (California, United States of America)
Is Questioning during a routine traffic stop on a subject unrelated to the purpose of the stop a Fourth Amendment violation? (California, United States of America)
Does a police officer need to develop his suspicion that defendant was falsely identified as a suspect in a traffic stop? (California, United States of America)
Does equitable tolling apply to a plaintiff's claim that she was stopped by a police officer for failing to stop for traffic lights? (California, United States of America)
Does stopping at gunpoint, handcuffing and making the suspect sit on the ground turn into an arrest? (California, United States of America)
When a police officer stops and questions a suspect where there is less than probable cause to arrest the suspect, can the officer issue a Miranda warning? (California, United States of America)
When stopped by a police officer for failing to stop a pedestrian on a sidewalk, does the officer have jurisdiction to stop the pedestrian? (California, United States of America)
What is the test for a police officer to stop and detain a suspect in a traffic collision? (California, United States of America)
What constitutes a detention when a police officer says "stop" and the suspect does not actually stop? (California, United States of America)
When a peace officer stops a suspect after witnessing a drunk driving offence, what is the procedure for placing the suspect under arrest? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.