Date Posted: June 17, 2009 by kn
Supplemental Motion to Suppress Evidence
This motion questions the validity of a detention and resulting "defacto arrest" when the officer handcuffed the defendant based only on "nervousness" and "evasiveness." Reviews case law regarding when a detention is converted to a defacto arrest, when handcuffing is appropriate, and when nervousness or evasiveness justifies a detention or arrest.