Second Circuit Review: Court Shifts on Effect of Using Handcuffs During Police Encounters

Litigation partner Martin Flumenbaum and firm chairman Brad Karp’s latest Second Circuit Review column, “Court Shifts on Effect of Using Handcuffs During Police Encounters,” appeared in the January 30 issue of the New York Law Journal. The authors discuss the implications of U.S. v. Fiseku, which signified a break from the Second Circuit’s prior holdings that the use of handcuffs during Terry stops converts the stop into an arrest, thereby triggering Miranda rights. Litigation associate Kandice Purdy assisted in the preparation of this article.