Monday, December 30, 2024

U.S. v. In (9th Cir. - Dec. 30, 2024)

Watch out for those police officers on bicycles near the Las Vegas Strip. Especially if you happen to have a gun in your vehicle. Because even if they take you out of the vehicle, you "might" be able to run back to it and get the weapon before they can tackle you; accordingly, the police can handcuff you even without probable cause.

So holds the Ninth Circuit.

Admittedly, here, the defendant had also (obviously) lied about whether there was a weapon in the car. The Glock was in plain sight on the backseat passenger-side floor of the vehicle, and yet when the police asked him if there were weapons, he (unwisely) said "No." That lie undoubtedly led, in part, to the police officer's decision to handcuff him.

As an aside, I found particularly humorous the officers' dialogue here. After the defendant denied having any weapons in the vehicle, here's the relevant exchange:

"Officer Andersen asked “Why is there a Glock back there? You don’t know now?” In [the defendant] said he had left the shooting range, and Officer Diaz responded, “Did you? In some sandals? Do we look new to you?”"

I think the line "Do we look new to you" is destined to become a classic.

(It'd have been even more humorous if the defendant had responded "Well, you are assigned to patrol on a bicycle, so I don't think you're anything like a wily veteran." But I get that a response like that would likely only get the handcuffs tightened even further.)