In United States v. Gallegos, the police stopped the defendant several miles from where a burglary had occurred, believing he was the suspect in the burglary. The police removed the defendant from his truck, handcuffed him, put him in the patrol car, and drove him several miles away to the scene of the burglary. When the victim of the burglary failed to identify the defendant, the police took him back to his car and released him. How did the Court rule applying Terry to these facts?

Question

a. The Court held in favor of the defendant, finding that transporting the defendant from the location of the stop to the scene of the burglary several miles away violated the movement test applied to Terry stops.
b. The Court ruled against the defendant, finding the officer acted in a reasonably objective fashion in diligently pursuing the investigation.
c. The Court ruled in favor of the defendant, finding that the movement of the defendant, coupled with the 1 hour detention, exceeded the parameters of Terry and amounted to an illegal seizure since the circumstances for the detention did not meet the requirements of probable cause.
d. The Court ruled against the defendant, finding that the officer reasonable believed that the suspect would flee the jurisdiction had he not been detained while the officer completed his investigation into the burglary.

Answer 1

b. The Court ruled against the defendant, finding the officer acted in a reasonably objective fashion in diligently pursuing the investigation.