Thursday, September 07, 2006

Eighth Circuit denies appeal of drug conviction where suspect resisted arrest and tried to flee; police had independent grounds to arrest search and seize contraband from suspect even if no probable cause existed for intial pat downUS v Sledge aka Fowler. Parties disputed whether police had probable cause to search suspect stopped for active broadcasts and presence in car where suspected minor inpossession transaction took place. Suspect did run from police and when apprehended the police seized crack and $229. Eighth Circuit affirms. Resistance to an illegal arrest can furnish grounds for a second, legitimate arrest.” United States v. Schmidt, 403 F.3d 1009, 1016 (8th Cir. 2005);“When a defendant commits a new and distinct crime during an unlawful detention, the Fourth Amendment’s exclusionary rule does not bar evidence of the new crime.” United States v. Hunt, 372 F.3d 1010, 1012, (8th Cir. 2004). Neb. Rev. Stat. § 28-906(1). The mere act of running away from law enforcement officers constitutes physical interference or obstacle within the meaning of this provision. In re Interest of Richter, 415 N.W.2d 476, 478 (Neb. 1987)

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