Casondra Pollreis, on behalf of herself and her minor children, W.Y. and S.Y. v. Lamont Marzolf, et al.
No. 20-1745
United States Court of Appeals For the Eighth Circuit
August 16, 2021
Submitted: April 13, 2021
Before KELLY, GRASZ, and KOBES, Circuit Judges.
Arkansas police officer Lamont Marzolf challenges the district court‘s denial of qualified immunity to him as to four
Those claims arose on a dark, rainy night in Springdale. That evening, the police were conducting a gang-related stakeout in a residential neighborhood. The stakeout eventually turned into a car chase
The issue before us in this interlocutory appeal is not whether Officer Marzolf could have done things differently when he stopped W.Y. and S.Y. Rather, the issue is whether Officer Marzolf violated the boys’ clearly established constitutional rights. Under the governing precedent, we conclude he did not. And so, we reverse.
I. Background1
In January 2018, the Springdale Police received a tip that a woman with outstanding arrest warrants was staying in the house of a suspected gang member. During a stakeоut to find that woman, an officer saw multiple people leave in a Chevy Cobalt, including two men—one smaller than the other. Another officer tried to stop the Cobalt. But the driver fled and eventually crashed the car. Four people ran from the scene: two went south and two north. Dispatch instructed officers to set up a perimeter around the site to stop the fleeing suspects.
Officer Marzolf responded to the dispatch call. As he approached an intersection near the crash site with his blue lights flashing, dispatch told him that when the police last encountered one of the four fleeing suspects he had a gun.
Soon after, Officer Marzolf saw two people (later identified as W.Y. and S.Y.) walking slowly toward him within the perimeter wearing hoodies and light-colored pants. One was taller than the other. Officеr Marzolf turned on his headlights and angled his car toward the boys. He stopped and said, “Hey, what are you guys doing?” W.Y., the taller and older boy, responded by speaking and pointing past Officer Marzolf. The dash cam video does not convey his response. Officer Marzolf then said, “Hey, stop, stop, turn away, turn away from me.” The boys did so with their arms at their sides. Then, Officer Marzolf entered the video frame with his gun pointed at the boys.
Officer Marzolf then asked, “What are your names?” He next pulled out his flashlight and pointed it at the boys’ backs. One of the boys said his name multiple times. Officer Marzolf confirmed the name and kept his gun trained on the boys.
Then, the boys’ mother, Casondra Pollreis, walked up and said, “Officer, officer, may I have a word with you?” While she said more, her exact words are unclear from the recording. Officer Marzolf then spoke into his radio: “45 Springdale, I‘ve got [W.Y.] in front of me, I‘ve got two juvenile individuals, dark hoodies and pants.” Sergeant Kirmer responded, “OK, detain both of those.” After confirming
Officer Marzolf walked up to the boys with his gun pointed at them and told them to get on the ground. They complied. He then said, “Put your hands out.” They complied. Pollreis walked toward Officer Marzolf and asked what happened. Officer Marzolf told her to step back multiple times. She said, “They‘re my boys.” He then stepped toward her with his gun still pointed at the boys and said, “I am serious get back.” He drew his taser, pointed it at her, and ordered her to go back to her house. She asked, “Are you serious? They‘re twelve and fourteen years old.” Officer Marzolf responded, “And I‘m looking for two kids about this age right now, so get back to your house.” An upset Pollreis then exclaimed, “Oh, my god. You‘re OK guys, I promise.”
Officer Marzolf continued to stand over the boys for nearly two minutes with his gun pointed at them. During those two minutes, he asked the boys for identification and requested backup.
The boys’ stepfather then approached and said, “Officer . . . can I have a word with you?” Officer Marzolf declined. The stepfather stated, “Those are my kids,” and Officer Marzolf responded, “OK.” The stepfather explained, “We just left [Pollreis‘s] parents’ right there. When you guys passed with your lights on, they were walking behind my car. I also have witnesses if you want me to call them.” Officer Marzolf responded, “That‘s fine, I just need to find out who these kids are right now.” The boys’ stepfather stated their names.
Another officer, Adrian Ruiz, arrived at the scene. At the same time, W.Y. reached back to adjust his shirt or belt and Officer Marzolf yelled, “Hey, keep your hands out!” Both officers walked toward the boys with their guns pointed at them. While Officer Ruiz continued to point his gun at the boys, Officer Marzolf holstered his weapon and handcuffed W.Y. Officer Ruiz handcuffed S.Y. Officer Marzolf then told dispatch, “I‘ve got black hoodies and khaki pants and jeans.” Officer Ruiz said, “Black hoodie, and a white backpack . . . .”
Sergeant Franklin, the officer in charge, arrived next. He immediately asked the boys if they ran from the police. The boys said no and explained: “We were at our grandparents . . . and we just started walking home.” When Sergeant Franklin asked their names, they told him. Officer Marzolf then frisked W.Y. and searched his pant pockets for weapons. Sergeant Franklin asked Officer Marzolf if they were running. Officer Marzolf replied, “No, they were just walking, sir.” Sergeant Franklin resрonded, “OK. So these guys probably aren‘t them?” And Officer Marzolf said, “Probably not. I mean we had both parents come out.”
The boys’ grandparents then walked up and identified the boys to the officers. At that time, Officer Ruiz searched S.Y.‘s backpack. After speaking with the grandparents, Sergeant Franklin ordered the officers to remove the handcuffs and let the boys go. By then, around seven minutes had passed since Officer Marzolf first stopped the boys.
Pollreis sued Officer Marzolf and another officer. She asserted four
II. Analysis
“Summary judgment is appropriate if the evidence, viewed in the light most favorable to [Pollreis] and giving [her] the benefit of all reasonable inferences, shows there is no genuine issue of material fact.” Goffin v. Ashcraft, 977 F.3d 687, 690-91 (8th Cir. 2020) (quoting Morgan v. A.G. Edwards, 486 F.3d 1034, 1039 (8th Cir. 2007)). “[A] district court‘s denial of summary judgment based on a public official‘s claim of qualified immunity may be appealed immediately.” Bearden v. Lemon, 475 F.3d 926, 929 (8th Cir. 2007).
We review denials of qualified immunity de novo, Rush v. Perryman, 579 F.3d 908, 912 (8th Cir. 2009), but we may only address “purely legal [issues]: whether the facts alleged . . . support a claim of violation of clearly established law.” Wilson v. Lamp, 901 F.3d 981, 985 (8th Cir. 2018) (quoting Mitchell v. Forsyth, 472 U.S. 511, 528 n.9 (1985)).
Qualified immunity “shields a government official from liability unless his conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known.‘” Burns v. Eaton, 752 F.3d 1136, 1139 (8th Cir. 2014) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)). Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” Malley v. Briggs, 475 U.S. 335, 341 (1986). To defeat qualified immunity, Pollreis must prove that: “(1) the facts, viewed in the light most favorable to the plaintiff, demonstrate the deprivation of a constitutional or statutory right; and (2) the right was clearly established at the time of the deprivation.” Howard v. Kansas City Police Dep‘t, 570 F.3d 984, 988 (8th Cir. 2009).
“Clearly established means that, at the time of the officer‘s conduct, the law was sufficiently clear that every reasonable official would understand that what he is doing is unlawful.” District of Columbia v. Wesby, 138 S. Ct. 577, 589 (2018) (cleaned up). We are “not to define clearly established law at a high level of generality.” Ashcroft v. al-Kidd, 563 U.S. 731, 742 (2011).
A. Investigative Detention
Officer Marzolf first argues thаt the district court erred in concluding that triable facts exist on whether reasonable suspicion supported the entire investigative detention.
The
“Factors that may reasonably lead an experienced officer to investigate include time of day or night, location of the suspect parties, and the parties’ behavior when they become aware of the officer‘s presence.” United States v. Dawdy, 46 F.3d 1427, 1429 (8th Cir. 1995). We have said before that “a person‘s temporal and geographic proximity to a crime scene, combined with a matching description of the suspect, can support a finding of reasonable suspicion.” United States v. Quinn, 812 F.3d 694, 698 (8th Cir. 2016) (citing United States v. Juvenile TK, 134 F.3d 899, 903–04 (8th Cir. 1998)).
An investigative detention may start lawfully yet not stay that way. When an officer exceeds Terry‘s scope, the investigative detention transforms into an arrest. See United States v. Aquino, 674 F.3d 918, 923–24 (8th Cir. 2012). “To establish an unreasonably prolonged detention, the [complaining party] must show that the officer detained him beyond the amount of time otherwise justified by the purpose of the stop and did sо without reasonable suspicion.” United States v. Donnelly, 475 F.3d 946, 951–52 (8th Cir. 2007).
Here, the district court concluded that, while Officer Marzolf initially had the reasonable suspicion needed to stop the boys, the facts he discovered after the initial stop create a triable fact about whether Officer Marzolf‘s reasonable suspicion continued during the prolonged seizure. In support, the district court pointed to these facts: (1) the boys were not out of breath or acting suspiciously; (2) they complied with Officer Marzolf‘s commands during the encounter; (3) both parents identified the boys separately; (4) the stepfather gave a convincing alibi; and (5) the boys looked like the ages their parents said.
We do not see this as an unlawfully prolonged investigative stop. Consider the stop‘s specific purpose: to identify the boys and to determine if they were, in faсt, two people fleeing from the crash. Even without learning any new suspicious facts during the encounter, Officer Marzolf was justified in taking the amount of time needed to accomplish those purposes. See Donnelly, 475 F.3d at 951–52.
Here, after Sergeant Kirmer ordered Officer Marzolf to detain the boys, Officer Marzolf reasonably chose to wait for backup to complete the stop‘s mission. Five undisputed facts, in particular, support this conclusion: (1) potential physical danger—Officer Marzolf had good reason to believe that one of the suspects was armed; (2) the location—the boys were on foot near where the four suspects had fled the car wreck; (3) the time—night; (4) the conditions—it was raining with low visibility; and (5) a matching description—the boys matched a vague description of two of the suspects. Given these facts, idеntifications from two people claiming (rightly in this case) to be the boys’ parents did not lessen Officer Marzolf‘s reasonable suspicion to the extent that he could not detain the
Thus, we conclude that the district court erred in holding that triable facts remain on whether Officer Marzolf unlawfully prolonged the investigative detention of the boys. We also conclude that Officer Marzolf should receive qualified immunity on the prolonged-investigative-detention claim.
B. De Facto Arrest
We next ask whether the stop became a de facto arrest at any point. The district court concluded that a triable fact remains as to this question because Officer Marzolf took “intense” actions (e.g., used handcuffs) even after the boys complied with his commands.
“[A]n action tantamount to arrest has taken place if the officers’ conduct is more intrusive than necessary for an investigative stop.” United States v. Raino, 980 F.2d 1148, 1149 (8th Cir. 1992) (internal citation and quotation marks omitted). We have observed that this line “can be hazy.” Chestnut v. Wallace, 947 F.3d 1085, 1088 (8th Cir. 2020). An investigative detention can become an arrest if it “lasts for an unreasonably long time or if officers use unreasonable force.” Waters v. Madson, 921 F.3d 725, 736 (8th Cir. 2019). Thus, an initially reasonable investigative stop can become unreasonable if it was “excessively intrusive in its scope or manner of execution.” El-Ghazzawy v. Berthiaume, 636 F.3d 452, 457 (8th Cir. 2011). We have provided several factors to consider in determining whether an investigative stop became an arrest:
(1) the number of officers and police cars involved; (2) the nature of the crime and whether there is reason to believe the suspect might be armed; (3) the strength of the officers’ articulable, objective suspicions; (4) the erratic behavior of or suspicious movements by the persons under observation; and (5) the need for immediate action by the officers and lack of opportunity for them to have made the stop in less threatening circumstances.
Raino, 980 F.2d at 1149–50. To use handcuffs during an investigative stop, “the
For purposes of our analysis, we focus on when the stop was most likely to have transformed into an arrest: when Officer Marzolf put the boys in handcuffs. If the stop did not turn into an arrest when Officer Marzolf‘s actions were at their most intrusive, it follows that it did not turn into an arrest at all.
We have held that using handcuffs can transform an investigative stop into a de facto arrest, but does not always do so. For example, in El-Ghazzawy, we held that using handcuffs transformed the stop
Here, the district court concluded that triable facts barred summary judgment on the illegal-arrest claim. While the district court recognized that the detention was significantly shorter than those in Waters and Chestnut, it noted that this interaction was more “intense” because the boys were handcuffed (like the other cases) and ordered to lie face down surrounded by officers. And, unlike Waters, the boys complied with all orders.
Ultimately, we disagree with the district court. The boys were handcuffed for less than two minutes here. This stands in stark contrast to Waters and Chestnut, where the handcuffing lasted ten times longer. 921 F.3d at 737; 947 F.3d at 1088. The entire encounter here lasted seven minutes, while the boys were handcuffed at most for two minutes. In addition to the short time frame, the video clearly shows that immediately before Officer Marzolf handcuffed and frisked W.Y., the boy moved his left hand behind his back and touched his waist. Considering that hand motion together with what Officer Marzolf heard before the encounter about one of the male suspects usually carrying a gun, he reasonably used handcuffs briefly “to control the scene and protect [officer] safety.” Fisher, 364 F.3d at 973.
Unlike in El-Ghazzawy, where no facts indicated that the suspect was dangerous or had a weapon, here Officer Marzolf had two such indications: (1) W.Y.‘s hand-to-waist movement; and (2) the tip that a male suspect usually carried a weapon. True, the boys were mostly compliant, unlike in Waters (handcuffing held not an arrest). See 921 F.3d at 737-38. But the individual in Chestnut (handcuffing also held not an arrest) was also mostly compliant as well. See 947 F.3d at 1088. The juxtaposition between Waters and Chestnut is a good reminder that compliance is only one factor, albeit an important one, in the totality-of-the-circumstances analysis.
Based on the totality of the circumstances, we conclude that the investigative detention did not become an arrest here because Officer Marzolf only used handcuffs briefly (under two minutes) when he had two indications that one of the boys may have been armed. Thus, Officer Marzolf is also entitled to qualified immunity on the de-facto-arrest claim.
C. Frisk of W.Y.
The district court‘s conclusion that Officer Marzolf‘s frisk of W.Y. was unreasonable rested on its prior two conclusions that the investigative stop was unlawfully extended and had turned into an unlawful arrest before the frisk. Because we disagree with those earlier conclusions, we further conclude that Officer Marzolf‘s frisk of W.Y. was reasonable.
While executing an investigative stop, officers can “take such steps as [are] reasonably necessary to protect their personal safety and to maintain the status quo during the course of the stop.” United States v. Hensley, 469 U.S. 221, 235 (1985). One such
Here, during a lawful investigative stop, Officer Marzolf observed W.Y. reach for his waist seconds before he conducted the frisk. And, based on the information Officer Marzolf already knew, he expected that at least one of the suspects was armed. Thus, when Officer Marzolf frisked W.Y., the former had an articulable reasonable suspicion that the latter was armed and dangerous. See Davidson, 808 F.3d at 329.
We conclude that Officer Marzolf‘s frisk of W.Y. was therefore authorized to “protect [the officers‘] personal safety and to maintain the status quo during the course of the stop.” Hensley, 469 U.S. at 235. As a result, we further conclude that Officer Marzolf should recеive qualified immunity on the unlawful-search claim.
D. Excessive Force
Last, Officer Marzolf argues that the district court erred in concluding that a triable fact remains on whether he used excessive force against the boys by continuing to point his gun at them after they began complying with his commands. Up front, we acknowledge that these facts present a close question. But ultimately, we agree with Officer Marzolf.
An officer‘s use of force violates the
We have held that it is unreasonable to point a gun at a compliant suspect for an unreasonably long period of time after the police have taken control of the situation. See Wilson, 901 F.3d at 990–91 (holding that officers used excessive force when they continued to point their guns at Wilson and his minor son after frisking him, searching his truck, and realizing he was not the suspect they were looking for based on their own personal knowledge); see also Rochell v. City of Springdale Police Dep‘t, 768 F. App‘x 588, 589 (8th Cir. 2019) (unpublished) (holding that an officer used excessive force when he pointed his gun at a suspect‘s head after the suspect dropped his weapon, submitted to arrest, and no longer posed an immediate threat to officer safety).4 The district court relied
More recently in Clark v. Clark, we discussed the factual contexts of Wilson and Rochell: “[Those cases] involve[d] incidents where guns were pointed at suspects for unreasonably long periods of time, well after the police had taken control of the situation.” 926 F.3d 972, 979 (8th Cir. 2019) (emphasis added). Clark distinguished its facts from Wilson‘s and Rochell‘s by pointing out that, even though the Clark suspect showed his hands to the officers, they were
justified in believing the situation was not fully under control until [the suspect] had been removed from the vehicle, patted down, and restrained. When [the suspect] stopped his vehicle, officers knew [he] had a weapon, were aware that he had been the only identified person present in an area where shots had reportedly been fired, and had reason to believe he might be a suspect attempting to evade capture.
Id. Like in Clark, here Officer Marzolf pointed his gun at the boys before the situation was under control (e.g., suspects restrained, patted down, and definitively identified). Officer Marzolf, who was initially all alonе with the two suspects, used his gun during the encounter before he had secured and patted down the boys when he suspected the boys may be two of the suspects based on their (1) number—two; (2) appearance—one shorter than the other; (3) proximity to the crime—within the police perimeter; and (4) the low visibility—night and raining. And as in Clark, Officer Marzolf knew that the suspects being sought might be armed and dangerous.
This case is more like Clark than either Wilson or Rochell. In Wilson, the officers continued to point their guns at Wilson and his minor son even after realizing he was not the suspect that they wanted based on their personal knowledge. 901 F.3d at 990. They also continued to point their weapons at Wilson after frisking him and searching his truck. Id. In Rochell, the officer pointed his gun behind a compliant suspect‘s ear and said, “I‘ll blow your f*****g brains out if you ever approach me like that again.” 768 F. App‘x at 591 (Colloton, J., concurring). We concluded in both Wilson and Rochell that the officers’ gun pointing constituted excessive force. Id.; Wilson, 901 F.3d at 990.
Here, unlike in Wilson, Officer Marzolf lacked the personal knowledge to rule out the boys as suspects (despite their parents’ attempts to identify them during the encounter), and he did not continue to point his gun at the boys after they were frisked. And unlike in Rochell, Officer Marzolf did not point his gun behind either boys’ ear. Nor did he threaten to blow their brains out. We see this case as more like Clark because Officer Marzolf only pointed his gun at the boys before the situation was under control (e.g., suspects restrained, patted down, and definitively identified).
We conclude that Officer Marzolf did not use unreasonable force when he pointed his gun at the boys while he waited for backup and before the situation was under
Because we conclude that Officer Marzоlf did not violate the boys’ constitutional rights during the encounter, we need not decide whether these rights were clearly established when the alleged violations occurred.
III. Conclusion
Although it may be of little consolation to Pollreis and her children, it bears emphasizing that neither W.Y. nor S.Y. did anything wrong, nor anything deserving of such a harrowing experience. The boys simply happened onto the stage of a dangerous live drama being played out in their neighborhood because of criminals fleeing police nearby. W.Y. and S.Y. acted bravely, respectfully, and responsibly throughout the encounter, and their family would rightly be proud of them. Likewise, their family acted responsibly and respectfully during what would have undoubtedly been a frightening experience. In this situation, though, Officer Marzolf was doing his job protecting the people of Springdale from fleeing criminal suspects under challenging conditions.
For the reasons already stated, we reverse that part of the district court‘s order denying qualified immunity to Officer Marzolf on the four remaining claims against him and remand the case for the entry of an order granting summary judgment to him on these claims.
KELLY, Circuit Judge, dissenting.
Officer Marzolf may have been justified in his initial decision to stop W.Y. and S.Y. and even in his use of some force against them as he determined whether they posed a threat to his safety and the safety of others. But I disagree with the court‘s conclusion that at no point over the course of their detention did he violate their
I.
The first issue Officer Marzolf raises on appeal is whether his detention of W.Y. and S.Y. violated their
Like the court, I see Officer Marzolf‘s decision to handcuff W.Y. and S.Y. as they lay face down on the ground as a turning point in the interaction. But I believe that the handcuffing escalated the stop into an arrest.
“[F]or the use of handcuffs during a Terry stop, the
In my view, Officer Marzolf‘s decision to handcuff W.Y. (аnd, soon after, S.Y.) was not justified by an “objective safety concern” or need to preserve order. At that point, W.Y. and S.Y. had been lying on their stomachs with their hands by their sides for minutes. Both had complied with all of Officer Marzolf‘s commands and answered all of his questions. As in El-Ghazzawy, and unlike in Waters, nothing W.Y. or S.Y. did from the moment Officer Marzolf first encountered them was “erratic or suspicious,” nor did their behavior suggest they were dangerous or likely to harm Officer Marzolf. Moreover, by the time Officer Marzolf began handcuffing W.Y., Officer Ruiz had arrived on the scene, and other officers were pulling up as well. This means Officer Marzolf was no longer alone and outnumbered, as he had been when he initiated the stop. And, like the officer in El-Ghazzawy, Officer Marzolf conducted barely any investigation into whether W.Y. and S.Y. were the suspects he was pursuing or whether they presented a safety threat bеfore handcuffing them. Under these circumstances, a reasonable officer in Officer Marzolf‘s position would not have felt the need to use handcuffs to maintain the status quo or protect his safety.
“The distinction [between detention and arrest] matters under the
Officer Marzolf did not have probable cause to arrest W.Y. and S.Y. Even in the initial moments of the encounter, the only evidence that W.Y. and S.Y. had committed a crime was that they were walking in the same neighborhood as fleeing suspects and seemed to match the suspects’ general
Because he arrested them without probable cause, Officer Marzolf violated W.Y. and S.Y.‘s
II.
After handcuffing W.Y. and S.Y., Officer Marzolf frisked W.Y. Because W.Y. was, in my view, under arrest at that time, Officer Marzolf‘s actions should be considered a search incident to arrest. See United States v. Haynes, 958 F.3d 709, 715 (8th Cir. 2020). Whether the search of W.Y. was authorized under the
III.
The last issue is whether Officer Marzolf used excessive force against W.Y. and S.Y. by pointing his gun at them. “The
This circuit has recognized that an officer who points a gun at a suspect may, under certain circumstances, violate that person‘s right to be free from excessive force. See id. at 989–90; Clark v. Clark, 926 F.3d 972, 979 (8th Cir. 2019). An officer may point his gun at a suspect when the officer has reason to believe the suspect is armed and is “justified in believing the situation [is] not fully under control.” Clark, 926 F.3d at 979. But this use of force is not permissible when the suspect is “not threatening and not resisting,” Lamp, 901 F.3d at 990, and “no longer poses an immediate threat to the safety of officers or others,” Rochell v. City of Springdale Police Dep‘t, 768 F. App‘x 588, 589 (8th Cir. 2019) (per curiam). In Lamp, for example, we concluded that officers
Here, as in Lamp, Officer Marzolf may not have used excessive force when he first approached W.Y. and S.Y. with his gun drawn. Under the circumstances he initially faced, Officer Marzolf was likely “justified in believing the situation was not fully under control.” Clark, 926 F.3d at 979. But that belief was no longer justified as the stop went on and W.Y. and S.Y. continued to obey all of Officer Marzolf‘s commands, including to lie down on the ground. See Rochell, 768 F. App‘x at 591 (Colloton, J., concurring) (characterizing Lamp as holding that “pointing a firearm at a compliant suspect [is] unreasonable“). Once W.Y. and S.Y. were lying on their stomachs with their arms by their sides, as Officer Marzolf instructed (and especially once other police cars began to arrive on the scene), Officer Marzolf no longer had reason to believe that W.Y. and S.Y. “pose[d] an immediate threat to the safety of officers or others.” Id. at 589. Because he continued to point his weapon at W.Y. and S.Y. past this point, he violated their
The court disagrees, comparing this case to Clark, where we found no use of excessive force. In Clark, police officers stopped a driver whom they knew had a gun, whom they “had reason to believe . . . might be a suspect attempting to evade capture,” and whom they earlier had seen making a u-turn to avoid them. 926 F.3d at 976, 979. Though the driver “signaled compliance by putting his hands out the driver‘s side window,” we concluded that “pointing a firearm at [him] for a few seconds while removing him from his vehicle did not constitute excessive force.” Id. at 979-80. At least two important differences distinguish this case from Clark. First, though the driver in Clark “signaled compliance” by showing his hands, he did so without being asked, meaning that he had not demonstrated that he would actually cooperate with the officers’ orders. See id. at 976. Since he had been attempting to evade the police moments earlier, the officers had cause to be wary of his seeming compliance. Here, on the other hand, W.Y. and S.Y. uniformly obeyed Officer Marzolf‘s commands from the first moment of the stop, and he had no reason to believe they would not continue to do so. Second, the officers in Clark faced a suspect in the driver‘s seat of a vehicle, and they trained their guns at him only until he safely got out of the car. Both this court and the Supreme Court have observed that “traffic stops are especially fraught with danger to police officers“—a danger that is minimized “if the officers routinely exercise unquestioned command of the situation.” Arizona v. Johnson, 555 U.S. 323, 330 (2009) (cleaned up); accord United States v. Warren, 984 F.3d 1301, 1305 (8th Cir. 2021). Until the driver exited the vehicle, these dangers were present for the officers in Clark—particularly as they knew for certain that he was armed and had difficulty “see[ing] exactly what [he] was doing inside the car.” Id. at 976. Officer Marzolf did not face the same potential danger from two pedestrians lying on their stomachs in full view in front of him.
IV.
In the court‘s view, on the night of January 8, 2018, Officer Marzolf was simply “doing his job protecting the people of Springdale from fleeing criminal suspects under challenging conditions.” I am sympathetic to the difficult, uncertain position Officer Marzolf was in when he encountered W.Y. and S.Y. But that initial difficulty did not allow him to “ignore changing circumstances and information that emerge[d] once [he] arriv[ed] on scene,” Neal v. Ficcadenti, 895 F.3d 576, 581 (8th Cir. 2018), and it did not authorize him to handcuff and continue to point his weapon at W.Y. and S.Y. once it was clear they were compliant, nonthreatening, and likely not the suspects he was looking for. Because I believe Officer Marzolf‘s conduct over the course of W.Y. and S.Y.‘s detention violated their