United States v. Arthur Ronald Crittendon A/K/A Jabbar Muwakkil Ragib, 883 F.2d 326 (4th Cir. 1989). · Go Syfert
United States v. Arthur Ronald Crittendon A/K/A Jabbar Muwakkil Ragib, 883 F.2d 326 (4th Cir. 1989). Cases Citing This Book View Copy Cite
332 citation events (190 in the last 25 years) across 37 distinct courts.
Strongest positive: Trott v. State (mdctspecapp, 2001-04-25) · Strongest negative: United States v. Marcellus Reid, United States of America v. Anthony G. Smalls (ca4, 1993-07-30)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" United States v. Marcellus Reid, United States of America v. Anthony G. Smalls
4th Cir. · 1993 · signal: but see · confidence high
But see United States v. Crittendon, 883 F.2d 326 (4th Cir. 1989) (brief handcuffing of suspect that was necessary to preserve the status quo and protect officer safety was not an arrest).
discussed Cited as authority (verbatim quote) Trott v. State
Md. Ct. Spec. App. · 2001 · quote attribution · 1 verbatim quote · confidence high
brief, even if complete, deprivations of a suspect's liberty do not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances.
discussed Cited as authority (verbatim quote) United States v. Frederick Douglas
8th Cir. · 1992 · quote attribution · 1 verbatim quote · confidence high
the hour was late, the street was dark, the officer was alone, and the suspected crime was a burglary, a felony that often involves the use of weapons.
discussed Cited as authority (quoted) United States v. Hawkins
4th Cir. · 1998 · signal: see · quote attribution · 1 verbatim quote · confidence high
brief, even if complete, deprivations of a sus- pect's liberty do not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances.
discussed Cited as authority (rule) Devon Lamar Washington v. Commonwealth of Virginia
Va. Ct. App. · 2026 · confidence medium
Our Court has also repeatedly cited 8 “Brief, complete deprivations of a suspect’s liberty, including handcuffing, ‘do not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances.’” Thomas v. Commonwealth, 16 Va. App. 851, 857 (1993) (quoting United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989)).
discussed Cited as authority (rule) Ivory Williams, Topaz Williams-Fripp, and Ivory Williams as Guardian of R.F., a minor v. The Beaufort County Sheriff’s Office, Deputy Sheriff William Grey, Sergeant Troy Krapf, and the South Carolina Highway Patrol
D.S.C. · 2026 · confidence medium
(Id. at 18 (citing Pennsylvania v. Mimms, 434 U.S. 106 (1977), and United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989)).) As the Magistrate Judge also noted, in evaluating an officer’s actions, courts consider whether they were objectively reasonable in light of the facts and circumstances surrounding the officer at the time and without regard to underlying intent or motivation.
discussed Cited as authority (rule) Christopher Neal et al. v. Brian Frayer et al.
D. Maryland · 2025 · confidence medium
“This is because ‘[b]rief, even if complete, deprivations of a suspect’s liberty do not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances.’” Id. (quoting United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989)).
discussed Cited as authority (rule) United States v. Elmer Martinez
4th Cir. · 2025 · confidence medium
To establish a duress defense, a defendant “must produce evidence which would allow the factfinder to conclude” that: he “was (1) under unlawful and present threat of death or serious bodily injury; (2) did not recklessly place himself in a situation where he would be forced to engage in criminal conduct; (3) had no reasonable legal alternative (to both the criminal act and the avoidance of the threatened harm);” and that there was “(4) a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Crittendon, 883 F.2d 326, 330 …
discussed Cited as authority (rule) United States v. Ronald Contreras
4th Cir. · 2025 · confidence medium
To establish a duress defense, a defendant “must produce evidence which would allow the factfinder to conclude” that: he “was (1) under unlawful and present threat of death or serious bodily injury; (2) did not recklessly place himself in a situation where he would be forced to engage in criminal conduct; (3) had no reasonable legal alternative (to both the criminal act and the avoidance of the threatened harm);” and that there was “(4) a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Crittendon, 883 F.2d 326, 330 …
discussed Cited as authority (rule) United States v. Duglas Ferrera
4th Cir. · 2025 · confidence medium
To establish a duress defense, a defendant “must produce evidence which would allow the factfinder to conclude” that: he “was (1) under unlawful and present threat of death or serious bodily injury; (2) did not recklessly place himself in a situation where he would be forced to engage in criminal conduct; (3) had no reasonable legal alternative (to both the criminal act and the avoidance of the threatened harm);” and that there was “(4) a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Crittendon, 883 F.2d 326, 330 …
discussed Cited as authority (rule) United States v. Pablo Velasco Barrera
4th Cir. · 2025 · confidence medium
To establish a duress defense, a defendant “must produce evidence which would allow the factfinder to conclude” that: he “was (1) under unlawful and present threat of death or serious bodily injury; (2) did not recklessly place himself in a situation where he would be forced to engage in criminal conduct; (3) had no reasonable legal alternative (to both the criminal act and the avoidance of the threatened harm);” and that there was “(4) a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Crittendon, 883 F.2d 326, 330 …
discussed Cited as authority (rule) United States v. Henry Martinez
4th Cir. · 2025 · confidence medium
To establish a duress defense, a defendant “must produce evidence which would allow the factfinder to conclude” that: he “was (1) under unlawful and present threat of death or serious bodily injury; (2) did not recklessly place himself in a situation where he would be forced to engage in criminal conduct; (3) had no reasonable legal alternative (to both the criminal act and the avoidance of the threatened harm);” and that there was “(4) a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Crittendon, 883 F.2d 326, 330 …
discussed Cited as authority (rule) United States v. Elmer Martinez
4th Cir. · 2025 · confidence medium
To establish a duress defense, a defendant “must produce evidence which would allow the factfinder to conclude” that: he “was (1) under unlawful and present threat of death or serious bodily injury; (2) did not recklessly place himself in a situation where he would be forced to engage in criminal conduct; (3) had no reasonable legal alternative (to both the criminal act and the avoidance of the threatened harm);” and that there was “(4) a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Crittendon, 883 F.2d 326, 330 …
discussed Cited as authority (rule) United States v. Duglas Ferrera
4th Cir. · 2025 · confidence medium
To establish a duress defense, a defendant “must produce evidence which would allow the factfinder to conclude” that: he “was (1) under unlawful and present threat of death or serious bodily injury; (2) did not recklessly place himself in a situation where he would be forced to engage in criminal conduct; (3) had no reasonable legal alternative (to both the criminal act and the avoidance of the threatened harm);” and that there was “(4) a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Crittendon, 883 F.2d 326, 330 …
discussed Cited as authority (rule) United States v. Ronald Contreras
4th Cir. · 2025 · confidence medium
To establish a duress defense, a defendant “must produce evidence which would allow the factfinder to conclude” that: he “was (1) under unlawful and present threat of death or serious bodily injury; (2) did not recklessly place himself in a situation where he would be forced to engage in criminal conduct; (3) had no reasonable legal alternative (to both the criminal act and the avoidance of the threatened harm);” and that there was “(4) a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Crittendon, 883 F.2d 326, 330 …
discussed Cited as authority (rule) United States v. Pablo Velasco Barrera
4th Cir. · 2025 · confidence medium
To establish a duress defense, a defendant “must produce evidence which would allow the factfinder to conclude” that: he “was (1) under unlawful and present threat of death or serious bodily injury; (2) did not recklessly place himself in a situation where he would be forced to engage in criminal conduct; (3) had no reasonable legal alternative (to both the criminal act and the avoidance of the threatened harm);” and that there was “(4) a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Crittendon, 883 F.2d 326, 330 …
discussed Cited as authority (rule) United States v. Henry Martinez
4th Cir. · 2025 · confidence medium
To establish a duress defense, a defendant “must produce evidence which would allow the factfinder to conclude” that: he “was (1) under unlawful and present threat of death or serious bodily injury; (2) did not recklessly place himself in a situation where he would be forced to engage in criminal conduct; (3) had no reasonable legal alternative (to both the criminal act and the avoidance of the threatened harm);” and that there was “(4) a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Crittendon, 883 F.2d 326, 330 …
discussed Cited as authority (rule) Neal v. Fryer
D. Maryland · 2025 · confidence medium
“This is because * [b]rief, even if complete, deprivations of a suspect’s liberty do not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances.” Id. (quoting United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989)).
discussed Cited as authority (rule) Trevaun Jabez Brown v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
“Brief, complete deprivations of a suspect’s liberty, including handcuffing, ‘do not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances.’” Thomas v. Commonwealth, 16 Va. App. 851, 857 (1993) (quoting United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989)), adopted upon reh’g en banc, 18 Va. App. 454, 455 (1994).
discussed Cited as authority (rule) United States v. George Hall
4th Cir. · 2024 · confidence medium
For a defendant to rely on the affirmative defense of justification, he must put forth sufficient evidence that: (1) he “was under unlawful and present threat of death or serious bodily injury;” (2) he “did not recklessly place himself in a situation where he would be forced to engage in criminal conduct;” (3) he “had no reasonable legal alternative (to both the criminal act and the avoidance of the threatened harm);” and (4) there was a “direct causal relationship between the criminal action and the avoidance of the threatened harm.” * United States v. Crittendon, 883 F.2d 326…
discussed Cited as authority (rule) Yousif v. Officer Patrick Carter Hailey
E.D. Va. · 2023 · confidence medium
Cooper v. City of Virginia Beach, 21 F.3d 421 (4th Cir. 1994) (explaining that “the existence of probable cause depends on whether a reasonable person could believe that the person to be arrested was committing a crime”). 19 suspect “do[es] not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances,” United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989); rather, “the Fourth Amendment requires the court to assess the reasonableness of using handcuffs based on the circumstances,” including an “articula[ble] safe…
discussed Cited as authority (rule) Joseph v. Moore
W.D. Va. · 2023 · confidence medium
J. at 4–5 [ECF No. 23].) Contrary to Joseph’s contention, the use of force—even handcuffing a suspect— does not convert an investigatory stop “into an arrest so long as the methods of restraint used are reasonable to the circumstances.” United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989).
discussed Cited as authority (rule) Daquil Raheem Smith v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
“Brief, complete deprivations of a suspect’s liberty,” including handcuffing and the drawing of weapons, “‘do not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances.’” Thomas v. Commonwealth, 16 Va. App. 851, 857 (1993) (quoting United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989)), adopted upon reh’g en banc, 18 Va. App. 454, 455 (1994).
discussed Cited as authority (rule) Eric Lamont Green v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
Green argues that the use of firearms and handcuffs was unreasonable and more than the least restrictive means necessary because there were no “fact[s] or circumstances known to Trooper Kashmer or [O]fficer Roussin and individualized to the driver, Green, on January 30[,] 2021, to support his immediately being handcuffed at gunpoint.” However, we have consistently held that “[b]rief, complete deprivations of a suspect’s liberty, including handcuffing, ‘do not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances.’” Id…
discussed Cited as authority (rule) United States v. Theodore Douglas
D.C. Cir. · 2023 · confidence medium
See, e.g., United States v. Fiseku, 915 F.3d 863 , 870–872 (2d Cir. 2018); United States v. Navarrete-Baron, 192 F.3d 786, 791 (8th Cir. 1999); United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989); United States v. 11 F.3d 717, 721 (D.C.
discussed Cited as authority (rule) United States v. Frank Thomas (2×) also: Cited "see"
4th Cir. · 2022 · confidence medium
Moreover, to be entitled to the defense of justification, Thomas would have been required to show that he was “under unlawful and present threat of death or serious bodily injury”; that he “did not recklessly place himself in a situation where he would be forced to engage in criminal conduct”; that he “had no reasonable legal alternative (to both the criminal act and the avoidance of the threatened harm); and a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Crittendon, 883 F.2d 326, 330 (4th Cir. 1989).
discussed Cited as authority (rule) United States v. Tyrell Lewis
4th Cir. · 2022 · confidence medium
To be entitled to a jury instruction on the affirmative defense of justification, the defendant must put forth sufficient evidence that: (1) he “was under unlawful and present threat of death or serious bodily injury;” (2) he “did not recklessly place himself in a situation where he would be forced to engage in criminal conduct;” (3) he “had no reasonable alternative (to both the criminal act and the avoidance of the threatened harm); and” (4) there was “a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Crittend…
discussed Cited as authority (rule) Sterling Lafetta Clark, II v. Commonwealth of Virginia
Va. Ct. App. · 2021 · confidence medium
“Brief, complete deprivations of a suspect’s liberty,” including handcuffing and the display of weapons, “‘do not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances.’”5 See Thomas, 16 Va. App. at 857 (quoting United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989)).
discussed Cited as authority (rule) United States v. Jerry Douglas, Jr.
4th Cir. · 2021 · confidence medium
In order for a defendant to be entitled to a jury instruction on the affirmative defense of justification, the defendant must put forth sufficient evidence that: (1) he “was under unlawful and present threat of death or serious bodily injury;” (2) he “did not recklessly place himself in a situation where he would be forced to engage in criminal conduct;” (3) he “had no reasonable alternative (to both the criminal act and the avoidance of the 3 threatened harm);” and (4) there was a “direct causal relationship between the criminal action and the avoidance of the threatened harm.�…
discussed Cited as authority (rule) Peprah v. Williams
D. Maryland · 2020 · confidence medium
Similarly, handcuffing does not automatically transform a Terry stop into an arrest when “reasonably necessary to maintain the status quo and protect [officer] safety during an investigative stop.” United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989) (alteration in original) (quoting United States v. Taylor, 857 F.2d 210, 213 (4th Cir. 1988)).
cited Cited as authority (rule) State v. Mercer
N.C. · 2020 · confidence medium
“Generalized fears will not support the defense of justification.” United States v. Crittendon, 883 F.2d 326, 330 (4th Cir. 1989).
cited Cited as authority (rule) State v. Mercer
N.C. · 2020 · confidence medium
“Generalized fears will not support the defense of justification.” United States v. Crittendon, 883 F.2d 326, 330 (4th Cir. 1989).
discussed Cited as authority (rule) Commonwealth of Virginia v. Amir Fareed Suluki (2×) also: Cited "see"
Va. Ct. App. · 2018 · confidence medium
“Brief, complete deprivations of a suspect’s liberty,” including handcuffing and the drawing of weapons, “‘do not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances.’” Thomas, 16 Va. App. at 857 , 434 S.E.2d at 323 (quoting United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989)); see Crittendon, 883 F.2d at 329 (approving the reasonable display of weapons).
discussed Cited as authority (rule) Thomas Reed Roberts v. Commonwealth of Virginia
Va. Ct. App. · 2017 · confidence medium
Even “[b]rief, complete deprivations of a suspect’s liberty, including handcuffing, ‘do not convert [an investigative stop] into an arrest so long as the methods of restraint used are reasonable [under] the circumstances.’” Thomas v. Commonwealth, 16 Va. App. 851, 857 , 434 S.E.2d 319 , 323 (1993) (emphasis added) (quoting United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989)), adopted upon reh’g en banc, 18 Va. App. 454, 455 , 444 S.E.2d 275, 276 (1994).
discussed Cited as authority (rule) CIAN PRIDGEN v. UNITED STATES.
D.C. · 2016 · confidence medium
See also United States v. Walker, 555 F.3d 716, 721 (8th Cir.2009) (“Protective searches allow for the use of handcuffs.”); United States v. Crittendon, 883 F.2d 326, 329 (4th Cir.1989) (stating that a suspect may be in handcuffs during the protective frisk). 12 .
discussed Cited as authority (rule) Hamza Osman v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
“Brief, complete deprivations of a suspect’s liberty, including handcuffing, ‘do not convert a stop and frisk into an arrest so long as the methods of restraint are reasonable to the circumstances.’” Thomas v. Commonwealth, 16 Va. App. 851, 857 , 434 S.E.2d 319 , 323 (1993) (quoting United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989)) (holding that handcuffing defendant and transporting him less than one block for an instant “show up” did not transform the initial detention into an arrest because the officer acted reasonably as it was dark, he was alone, and defendant …
discussed Cited as authority (rule) Lytes v. Smith
D.S.C. · 2014 · confidence medium
Smith arrived, he placed Plaintiff and his co-workers in handcuffs and conducted an investigation, which lasted approximately 30-40 minutes. 11 The use of handcuffs in this instance was “ ‘reasonably necessary to maintain the status quo and protect [officer] safety during an investigative stop.’ ” United States v. Crittendon, 883 F.2d 326, 329 (4th Cir.1989) (quoting United States v. Taylor, 857 F.2d 210, 213 (4th Cir.1988)).
discussed Cited as authority (rule) United States v. Robert Hubbard
4th Cir. · 2014 · confidence medium
“Thus, the *331 general sentencing provisions in § 3553(a) give way to specific mandatory sentencing provisions elsewhere in the criminal code.” United States v. Carter, 696 F.3d 229, 232 (2d Cir.2012); see also United States v. Graham, 711 F.3d 445, 455 (4th Cir.), cert. denied, — U.S. -, 134 S.Ct. 449 , 187 L.Ed.2d 300 (2013); United States v. Robinson, 404 F.3d 850, 862 (4th Cir.2005); United States v. Crittendon, 883 F.2d 326, 331 (4th Cir.1989).
discussed Cited as authority (rule) Christopher Morris Gates v. Commonwealth of Virginia
Va. Ct. App. · 2011 · confidence medium
Further, “[b]rief, complete deprivations of a suspect’s liberty, including handcuffing, ‘do not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances.’” Thomas v. Commonwealth, 16 Va. App. 851, 857 , 434 S.E.2d 319 , 323 (1993) (quoting United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989)).
discussed Cited as authority (rule) United States v. Elvin Valladares-Bonilla
4th Cir. · 2011 · confidence medium
We have thoroughly reviewed the record and conclude that the district court properly granted the motion in limine because Valladares-Bonilla failed to meet the four-prong test set forth in United States *270 v. Crittendon, 883 F.2d 326, 330 (4th Cir.1989), for establishing entitlement to a justification defense.
discussed Cited as authority (rule) William Bill Clark v. Commonwealth of Virginia
Va. Ct. App. · 2011 · confidence medium
Even “[b]rief, complete deprivations of a suspect’s liberty, including handcuffing, ‘do not convert [a Terry stop] into an arrest so long as the methods of restraint used are reasonable to the circumstances.’” Thomas v. Commonwealth, 16 Va. App. 851, 857 , 434 -4- S.E.2d 319, 323 (1993) (quoting United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989)), aff’d on reh’g en banc, 18 Va. App. 454 , 444 S.E.2d 275 (1994).
discussed Cited as authority (rule) State v. Carrouthers
N.C. Ct. App. · 2011 · confidence medium
App. at 419 , 683 S.E.2d at 784 (internal quotation marks and citation omitted). *389 To be sure, “[b]rief, even if complete, deprivations of a suspect’s liberty do not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances.” United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989).
discussed Cited as authority (rule) Joseph Rodgers Outten v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
Brief, complete deprivations of a suspect’s liberty, -5- including handcuffing, ‘do not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances.’” Id. at 857 , 434 S.E.2d at 323 (quoting United States v. Crittendon, 883 F.2d 326, 329 (4th Cir. 1989)).
cited Cited as authority (rule) United States v. Shakur
4th Cir. · 2010 · confidence medium
United States v. Crittendon, 883 F.2d 326, 328 (4th Cir.1989).
discussed Cited as authority (rule) United States v. Johnson (2×)
6th Cir. · 2010 · confidence medium
See United States v. Fisher, 597 F.3d 1156, 1157 (10th Cir.2010) (911 call of shots fired, followed by in-person description of suspect responsible for the shooting); United States v. Valentine, 232 F.3d 350, 352, 354 (3d Cir.2000) (face-to-face tip of a man with a gun); United States v. Crittendon, 883 F.2d 326, 328 (4th Cir.1989) (911 call of a burglary in progress); United States v. Moore, 817 F.2d 1105, 1106 (4th Cir. 1987) (silent burglar alarm triggered).
discussed Cited as authority (rule) State v. Healy
Wash. Ct. App. · 2010 · confidence medium
The defense of justification under federal law is functionally similar to Washington’s duress doctrine, as it requires that the defendant “ ‘did not recklessly place himself in a situation where he would be forced to engage in criminal conduct.’ ” Paolello, 951 F.2d at 540 (quoting United States v. Crittendon, 883 F.2d 326, 330 (4th Cir. 1989)). ¶27 According to testimony at trial, Paolello got into an argument in a bar.
discussed Cited as authority (rule) State v. Healy
Wash. Ct. App. · 2010 · confidence medium
The defense of justification under federal law is functionally similar to Washington's duress doctrine, as it requires that the defendant "`did not recklessly place himself in a situation where he would be forced to engage in criminal conduct.'" Paolello, 951 F.2d at 540 , quoting U.S. v. Crittendon, 883 F.2d 326, 330 (4th Cir.1989). ¶ 27 According to testimony at trial, Paolello got into an argument in a bar.
cited Cited as authority (rule) United States v. Hinnant
4th Cir. · 2010 · confidence medium
See also United States v. Etheridge, 932 F.2d 318, 323 (4th Cir.1991) (same); United States v. Crittendon, 883 F.2d 326, 331 (4th Cir.1989) (same).
cited Cited as authority (rule) United States v. Gore
4th Cir. · 2010 · confidence medium
See United States v. Mooney, 497 F.3d 397, 406 (4th Cir.2007); United States v. Perrin, 45 F.3d 869, 873-74 (4th Cir.1995); United States v. Crittendon, 883 F.2d 326, 329-30 (4th Cir.1989).
discussed Cited as authority (rule) United States v. Day (2×)
4th Cir. · 2010 · confidence medium
United States v. Sinclair, 983 F.2d 598, 602 (4th Cir.1993) (holding that drug dealers were not in custody merely because law enforcement officers drew their guns during a Terry stop as a reasonable safety precaution); United States v. Crittendon, 883 F.2d 326, 328 (4th Cir.1989) (holding that a stop and frisk is not necessarily converted into an arrest when defendant was handcuffed pri- or to the pat down search).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Arthur Ronald CRITTENDON A/K/A Jabbar Muwakkil Ragib, Defendant-Appellant
88-5202.
Court of Appeals for the Fourth Circuit.
Aug 29, 1989.
883 F.2d 326
1989 U.S. App. LEXIS 12867
1989 WL 99106
Thomas J. Foltz, Alexandria, Va., for defendant-appellant., Kimberly M. Zimmer, Sp. Asst. U.S. Atty. (Henry E. Hudson, U.S. Atty., Alexandria, Va.; Laureen A. Buckert and Rosalie C. Patrick, Third Year Law Students, on brief), for plaintiff-appellee.
Ervin, Phillips, Kaufman.
Cited by 235 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 87%
Citer courts: Fourth Circuit (1)
ERVIN, Chief Judge.

Arthur Ronald Crittendon, also known as Jabbar Muwakkil Ragib [1] , appeals from his conviction on a single count of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). He also appeals the sentence of fifteen years imprisonment imposed under 18 U.S.C. § 924(e)(1). Finding no merit in Ragib’s assertions of error, we affirm.

I.

Sometime around 3:00 a.m. Saturday morning on March 12, 1988, Arlington County Police Officers A.J. Baciocco and Stephen D. Geary responded to a burglary in progress call at 1429 South Royal Street in Alexandria, Virginia. The caller reported a burglar on the balcony of her apartment. When Geary and Baciocco arrived at the apartment building, they noticed Ra-gib and another man, later identified as Ragib’s nephew, a Mr. Green, [2] standing on a landing in the building’s stairwell. The officers approached Green and Ragib on the landing and told the two men that they were investigating a burglary. Ragib identified himself and said that he lived in the building and knew why the police had been called. Ragib stated that Green woke up his sister, who lived in the apartment below[*328] Ragib’s, when he attempted to crawl onto her balcony. Unaware that the would-be intruder was in fact her brother, Green’s sister called the police.

At some point during this conversation another officer, Corporal Comfort, arrived. Geary then walked down to the sister’s apartment to verify the story. While he was knocking on the door, he heard shouts and scuffling in the stairwell. He returned to find Comfort and Baciocco pursuing Green down the hall. Geary ordered Ra-gib, who was still standing on the landing, to get down on the floor. Geary then handcuffed Ragib and conducted a pat down search. He found a loaded .357 revolver and six additional rounds of ammunition in a shoulder holster.

Ragib was subsequently indicted on one count of unlawful possession of a weapon by a convicted felon. No charges were ever brought for the reported burglary. On August 22, 1988, a jury found him guilty as charged. Because of Ragib’s criminal record [3] he was sentenced under 18 U.S.C. § 924(e). Section 924(e), which supersedes the Sentencing Guidelines, requires a mandatory sentence of fifteen years imprisonment and authorizes up to a $25,000 fine for defendants who have at least three prior “violent felony or serious drug offense” convictions. The district court imposed the required fifteen year sentence but did not impose a fine.

II.

Ragib asserts that the facts of this case do not support a reasonable suspicion of ongoing criminal activity which would justify Geary’s stop and frisk. He argues that the pat down search therefore violated the Fourth Amendment and that the evidence thereby obtained should have been suppressed. He also argues that the fact that he was handcuffed prior to the pat down search converted the stop and frisk into an arrest which must be justified under the higher standard of probable cause.

“[T]he police can stop and briefly detain a person for investigative purposes if the officer has a reasonable suspicion supported by articulable facts that criminal activity ‘may be afoot,’ even if the officer lacks probable cause.” United States v. Sokolow, — U.S. —, 109 S.Ct. 1581, 1585, 104 L.Ed.2d 1, 10 (1989). Thus the stop and frisk at issue here was lawful only if it was conducted on the basis of a reasonable suspicion. The presence or absence of reasonable suspicion must be determined in light of the totality of the circumstances confronting a police officer including all information available to an officer and any reasonable inferences to be drawn at the time of the decision to stop a suspect. See, e.g., United States v. Cortez, 449 U.S. 411, 417-18, 101 S.Ct. 690, 694-95, 66 L.Ed.2d 621 (1981).

We have little difficulty in concluding that the events of March 12, provided Officer Geary with a reasonable suspicion regarding Ragib. Geary and the other officers were responding to a report of a burglary in progress. Ragib and his nephew were the only persons encountered in the vicinity of the reported crime, a factor recently emphasized by this court in United States v. Moore, 817 F.2d 1105 (4th Cir.1987). And, most significantly, Ragib's admitted companion, Green, attempted to flee during the officers’ investigation. See United States v. Haye, 825 F.2d 32, 34-35 (4th Cir.1987) (suspects’ immediate flight after officers identified themselves was sufficient to create reasonable suspicion).

The situation also justified Geary's decision to frisk Ragib for weapons. “So long as the officer is entitled to make a forcible stop, and has reason to believe that the suspect is armed and dangerous, he may conduct a weapons search limited in scope to this protective purpose.” Adams v. Williams, 407 U.S. 143, 146, 92 S.Ct.[*329] 1921, 1923, 32 L.Ed.2d 612 (1972) (footnote omitted). Upholding the stop and frisk at issue in Moore, supra, the court stated, “The circumstances surrounding the stop support the officer’s belief that a further frisk for weapons was warranted. The hour was late, the street was dark, the officer was alone, and the suspected crime was a burglary, a felony that often involves the use of weapons.” United States v. Moore, 817 F.2d, at 1108. Except for the fact that this incident occurred indoors, those circumstances were present here. Further, Geary testified at the suppression hearing that he saw a leather strap on Ragib’s shoulder beneath his coat as he was handcuffing Ragib and before he conducted the frisk. Geary correctly suspected that the strap was part of a shoulder holster and that Ragib was carrying a weapon.

Ragib’s argument that the fact that he was handcuffed turned the encounter into an arrest and that Geary’s actions must therefore be scrutinized under the higher standard of probable cause is without merit. Brief, even if complete, deprivations of a suspect’s liberty do not convert a stop and frisk into an arrest so long as the methods of restraint used are reasonable to the circumstances. See, e.g., United States v. Perate, 719 F.2d 706, 708-09 (4th Cir.1983) (fact that officers approached suspect’s car with drawn weapons did not convert stop into an arrest); and United States v. Bautista, 684 F.2d 1286,1289 (9th Cir.1982) (use of handcuffs during stop and frisk does not convert encounter into a custodial arrest). Here, Geary could reasonably anticipate that he might be required to go to the aid of his fellow officers and that Ragib, like Green, might then attempt to flee. Geary’s use of handcuffs was thus “reasonably necessary to maintain the status quo and protect [officer] safety during an investigative stop.” United States v. Taylor, 857 F.2d 210, 213 (4th Cir.1988).

III.

Ragib also challenges the district court’s refusal to instruct the jury on his proffered defense of justification. Ragib, whose work as a free-lance photographer requires him to attend evening social events, was shot while returning home late in the evening on July 5, 1987. Prior to his shooting, Ragib’s wife received several death threats over the telephone. Ragib testified that he purchased and carried the .357 revolver solely to protect himself against the possibility of another shooting. The trial court accepted Ragib’s assertion that his motivation for possessing the gun was self-defense. The court refused, though, to instruct the jury on the defense of justification because there was no evidence to suggest that Ragib was in imminent danger on the evening of his encounter with officer Geary.

The availability of common law defenses to charges of federal weapons violations is a question of first impression in this circuit. At least one other circuit has ruled that self-defense, justification, necessity, and other common law criminal defenses are valid defenses to federal weapons possession charges. See United States v. Panter, 688 F.2d 268 (5th Cir.1982). Noting the Supreme Court’s admonition that “Congress in enacting criminal statutes legislates against a background of Anglo-Saxon common law,” United States v. Bailey, 444 U.S. 394, 415 n. 11, 100 S.Ct. 624, 637 n. 11, 62 L.Ed.2d 575 (1980), the Panter court concluded that “Congress’s [sic] failure to provide specifically for a common law defense in drafting a criminal statute does not necessarily preclude a defendant from relying on such a defense.” United States v. Panter, 688 F.2d, at 271 (footnote omitted). The court held that Panter, who took possession of and fired a gun while being stabbed by an assailant, was entitled to a jury instruction on self-defense and necessity.

Two other circuits implicitly recognize the availability of common law defenses to federal weapons charges. See United States v. Agard, 605 F.2d 665 (2nd Cir.1979); United States v. Wheeler, 800 F.2d 100 (7th Cir.1986), overruled on other grounds United States v. Sblendorio, 830 F.2d 1382 (7th Cir.1987); and United [*330] States v. Pirovolos, 844 F.2d 415 (7th Cir.1988). Other circuits have chosen not to rule on the ultimate validity of such defenses in cases where the evidence in the defendant’s favor was not sufficient to support the requested defense. See United States v. Nolan, 700 F.2d 479 (9th Cir.1988); and United States v. Stover, 822 F.2d 48 (8th Cir.1987). We think the latter approach is more appropriate here.

To be entitled to the defense of justification, the defendant must produce evidence which would allow the factfinder to conclude that he:

(1) was under unlawful and present threat of death or serious bodily injury;
(2) did not recklessly place himself in a situation where he would be forced to engage in criminal conduct;
(3) had no reasonable legal alternative (to both the criminal act and the avoidance of the threatened harm); and
(4) a direct causal relationship between the criminal action and the avoidance of the threatened harm.

United States v. Wheeler, 800 F.2d, at 107, citing United States v. Gant, 691 F.2d 1159, 1162-63 (5th Cir.1982). Ragib’s claim of entitlement to an instruction on the defense fails because the evidence does not support a conclusion that he was under a present or imminent threat of death or injury. While his fear of another attack may have been rational and might have been his real motivation for carrying a revolver, generalized fears will not support the defense of justification. See United States v. Harper, 802 F.2d 115 (5th Cir.1986) (convicted felon who purchased hand gun for protection after repeated robberies of his store not entitled to justification instruction because he was not in imminent danger). Instead, the defendant must show that a real and specific threat existed at the time of the unlawful possession.

Without ruling on the general availability of the common law defense of justification in possession of a firearm by a convicted felon cases, we find that on the facts of this case Ragib was not entitled to an instruction on the defense.

IV.

Ragib also asks this court to review the fifteen year prison term imposed by the trial court. As noted above, Ragib’s sentence is an enhanced mandatory sentence required by § 924(e)(1) for defendants convicted of three or more prior violent or narcotics related felonies. Ragib nonetheless asserts that his sentence was improper. He suggests that we have authority under 18 U.S.C. § 3742(a)(4) to review the “reasonableness” of his sentence. [4] He argues that a sentence of fifteen years without parole is unreasonable on the facts of this case because all of his prior felony convictions occurred more than fifteen years before the present offense and he has been a law abiding citizen since his last release from prison.

Despite the equitable appeal of Ragib’s situation, we cannot conclude that § 3742(a)(4) gives us authority to alter his sentence. The traditional scope of an appellate tribunal’s review of sentencing decisions was confined to determining whether the sentence imposed was within the statutory limits for the crime of conviction. See Dorszynski v. United States, 418 U.S. 424, 94 S.Ct. 3042, 41 L.Ed.2d 855 (1974). Appellate courts had no authority to review a district court’s exercise of its sentencing discretion so long as the sentence imposed was within the statutory limits. Appellate courts could, however, remand for resen-tencing but only to rectify gross procedural faults such as a district court’s complete failure to exercise sentencing discretion or reliance on incorrect information. See, e.g., United States v. Hack, 782 F.2d 862 (10th Cir.1986).

The complete reform of the sentencing process brought about by the new Sentencing Guidelines has certainly altered the role of appellate courts. But even if, as Ragib[*331] argues, Congress did intend § 3742(a)(4) to alter the traditional scope of our review of discretionary sentencing decisions, § 3742(a)(4) does not extend to this case for the simple reason that Ragib’s sentence is specified by statute. Because § 924(e)(1) requires a fifteen year sentence without parole, the district court had no discretion over his sentence for this court to review. What Ragib really asks is for this court to find that Congress’ decision to impose a mandatory fifteen year sentence in circumstances such as Ragib’s was unreasonable. That Congressional decision, however, is clearly beyond this court’s appellate jurisdiction. Accordingly we have no power to rule that an enhanced sentence specified by statute is unreasonable.

Ragib’s final argument, that his sentence violates the Eighth Amendment, is also clearly without merit and does not warrant extended discussion. See Rummel v. Estelle, 445 U.S. 263, 100 S.Ct. 1133, 63 L.Ed.2d 382 (1980), and Hutto v. Davis, 454 U.S. 370, 102 S.Ct. 703, 70 L.Ed.2d 556 (1982).

V.

Finding no error in the rulings below, Ragib’s conviction is AFFIRMED.

1

. In accordance with the nomenclature adopted by the parties, we will refer to the defendant as Ragib.

2

. No reference to Green’s full name appears in the record.

3

. While Ragib admitted to a total of five prior felony convictions, the record only discloses the details of three. On February 1, 1971, Ragib was convicted for the armed robbery of a gift shop. On May 3, 1971 Ragib was convicted for robbing a Howard Johnson Motor Lodge and holding an employee at gunpoint. On May 4, 1974, he was convicted for assaulting an inmate and guard while serving time on the prior convictions.

4

. Section 3742(a)(4) states "Appeal by a Defendant — A defendant may file a notice of appeal in the district court for review of an otherwise final sentence if the sentence — ... was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.”