Another story that pits the Fourth Amendment rights of the people to be free from unreasonable searches and seizures against the very difficult job the police do in solving crimes and catching offenders.
A 60-year old innocent man walking down an Evanston street, who fit a description of an active armed robber, was detained at gunpoint, searched, handcuffed, and put on his knees (though whether he was forced to do so is a point of dispute). The man had no weapon or stolen money. The detainment lasted until a victim came over and said the man was not the robber, at which point the police let him go. The police said the man was handcuffed for his “initial behavior and reluctance to be cooperative.” The man claims everything happened too fast for him to be uncooperative, and that he did not actually fit the description at all. The man claims the encounter injured his hands and left him unable to work as a naprapath. He has filed a complaint with the Evanston Police Department, and is considering legal action.
One can think of other cases of erroneous police action with more tragic consequences, but no doubt this incident was traumatic for this gentleman. Ultimately, whether the police overstepped their bounds, or acted reasonably in the pursuit of a dangerous criminal, may come down to a jury. And as with all of these cases, should it come to legal action, it will be determined based on the individual facts, including evidence from testimony and police body cameras.
The full news story is here: Here
