KELL

v.

UNITED STATES

Citator

Cited By (69 total)

• Reynolds v. State, 592 So. 2d 1082 (Fla. 1992)
  …ho cuffed the defendant reasonably could have anticipated that he might have to aid his fellow officers, and that the defendant also might have attempted to flee. Similarly, in United States v. Bautista, 684 F. 2d 1286 (9th Cir.1982), cert. denied, 459 U.S. 1211, 103 S.Ct. 1206, 75 L.Ed.2d 446 (1983), the court upheld the use of handcuffs during the initial stop where de [*1088] fendants were suspected of committing armed robbery only minutes earlier, and one of the armed suspects was still at large. In Uni…

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• Harper v. State, 532 So. 2d 1091 (Fla. 3d DCA 1988)
  …to lie prone on the ground. Ruiz, 526 So. 2d at 172. The only variation on that theme here is that Harper was handcuffed. Under these circumstances, as was specifically held in United States v. Bautista, 684 F. 2d 1286 (9th Cir.1982), cert. denied, 459 U.S. 1211, 103 S.Ct. 1206, 75 L.Ed.2d 447 (1983), which was cited in Ruiz and Lewis, this fact makes no difference. But cf. State v. Belieu, 50 Wash.App. 834, 751 P. 2d 321 (1988). 2. Next, we conclude that the Terry stop itself was a constitutionally suppor…
• State v. Ruiz, 526 So. 2d 170 (Fla. 3d DCA 1988)
  …7); United States v. Jacobs, 715 F. 2d 1343 (9th Cir.1983); see also United States v. Bautista, 684 F. 2d 1286 (9th Cir.1982) (cited in Lewis; even handcuffing of the defendant, not involved here, does not convert stop into an arrest), cert. denied, 459 U.S. 1211, 103 S.Ct. 1206, 75 L.Ed.2d 447 (1983); United States v. Manbeck, 744 F. 2d 360, 379 (4th Cir.1984) (questioning in police car not arrest requiring Miranda warnings), cert. denied, 469 U.S. 1217, 105 S.Ct. 1197, 84 L.Ed.2d 342 (1985). See generally…