On Point blog, page 1 of 1
Use of handcuffs didn’t transform stop into arrest
State v. Christopher Antonje Tek, 2021AP1112-Cr, 3/31/22, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs).
About 45 seconds into a traffic stop, Officer Rocha placed Tek in handcuffs and continued his investigation of a possible OWI. Ten minutes later, Rocha took Tek to jail and arrested him. Tek argued that he was arrested–without probable cause–when Rocha cuffed him. The court of appeals disagreed. It held that Rocha had reasonable suspicion to investigate a possible crime, and his use of handcuffs did not transform Tek’s detention into an arrest.