Sanders v. Coughlin

1 Citing case

  1. Delaney v. DiGiuseppe

    1:18-CV-1259 (NAM/ATB) (N.D.N.Y. Sep. 4, 2020)

    On these facts, the Court concludes as a matter of law that it was reasonable for Defendants to perform a limited frisk for weapons before Plaintiff got into their vehicle. See McCargo, 464 F.3d at 200-01; see also Sanders v. Coughlin, No. 11-CV-441S, 2017 WL 1196409, at *4-5, 2017 U.S. Dist. LEXIS 49227, at *9-12 (W.D.N.Y. Mar. 31, 2017) (granting summary judgment on the plaintiff's unreasonable search claim where the investigating officers had reasonable suspicion to believe the plaintiff may have been armed and the search "was limited to only that necessary to determine whether Plaintiff posed a threat of harm to himself or others"). Moreover, the search was also reasonable because the Defendants had probable cause to arrest Plaintiff before the interview began, meaning that they could have performed a search incident to arrest.