• 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 ....