New Appellate Decision Clarifies Legal Use of Cuffs and Firearm During a Detention

• Civil liability and the doctrine of qualified immunity 
• Detentions for investigation 
• Use of force in executing a detention 

A police officer’s use of his or her firearm and handcuffs in the detention of a person suspected of preparing to commit a dangerous felony isn’t necessarily unconstitutional.  

An officer’s reasonable suspicion that “criminal activity is afoot” allows that officer to conduct a temporary detention for investigation. A reasonable suspicion that the suspected criminal activity might be a dangerous felony (e.g., a robbery) allows the detaining officer to use reasonable force in conducting a detention. Such force may include the use of firearms and handcuffs. The prior case authority for these rules is sufficiently vague to allow for the qualified immunity in a subsequent lawsuit alleging that officers illegally detained a plaintiff and used excessive force in doing so.  

Gilbert, Az., Detective Jason Alexander stopped at a gas station/convenience store on Jan. 25, 2018, for something to drink. While sitting in his unmarked police vehicle, he noticed an individual (later identified as Tommy Jones) in a vehicle already backed into another parking spot. Watching Jones, Alexander observed that he “cran[ed] his neck” and “nervously” looked around, repeating this behavior several times. Jones was also observed moving his car several times, each time backing into a new parking space as he “turn(ed) his body 180 degrees in the vehicle to get a good look at his surroundings.” Because Jones never got out of his car, Alexander surmised that he was not there to make a purchase at the convenience store. It also appeared to Alexander, based on his training and decade-plus of law enforcement experience, that an “abnormally nervous” Jones was scouting around for police officers, video cameras or other means by which he could be detected, and that he was trying to find a parking spot that would allow for a hasty exit.  

Alexander concluded that Jones was “casing” the gas station and that “an armed robbery was about to occur.” After watching Jones’ suspicious actions for about 15 ....