DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
222743P.pdf 07/18/2023 United States v. Victor Childers
U.S. Court of Appeals Case No: 22-2743
U.S. District Court for the District of Minnesota
[PUBLISHED] [Smith, Author, with Colloton and Benton, Circuit Judges]
Criminal case - Criminal law. The Terry stop executed in this case did not
transform into an arrest; when an officer has reason to believe the
suspect is armed, this court has held that drawing a firearm and
handcuffing the suspect does not automatically turn an investigatory stop
into an arrest; nor does placing a suspect in a squad car turn the stop
into an arrest; having found bullets in defendant's pocket, the officer
was warranted in seizing them; as the bullets were evidence of the crime
the officers were investigating - reckless discharge of a firearm - they
could be lawfully seized; the officers then had probable cause to search
the vehicle and seize the weapons they found there.