Can Police Officer Make Suspect to Sit on the Ground ?
In Welcome v. State, the court held an investigative detention, pat-down search, and warrant check were justified because the detainee fit the description of a crime suspect; however, the court held the detention became an illegal arrest when the detainee was made to sit on the ground before the check showed an outstanding warrant, which was the only basis for probable cause. 865 S.W.2d at 132-33.
In United States v. Buchanon, the court held that four officers illegally detained a stalled truck's occupants, whom the officers had not seen commit a crime, when the officers made the occupants stand away from the truck pending a canine sniff. 72 F.3d 1217, 1225-26 (6th Cir. 1995).
Finally, in United States v. Mesa, the court held that nervousness alone did not justify continued detention after a traffic stop, especially when the defendant's consent was obtained while she was locked in a police car. 62 F.3d 159, 162-63 (6th Cir. 1995).