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Criminal Law

: Fourth Amendment

CA11: Defendant approached police belligerently, then fled; not detained until he was caught

By John Wesley Hall, Jr.

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Defendant was belligerent and approached the police on the street, and the officer could see the bulge of a gun under his shirt. Defendant as not detained when he approached the officers first. Then he fled, and he was not detained until they caught up with him. United States v. Jordan, 2011 U.S. App. LEXIS 5235 (11th Cir. March 16, 2011): Officer Paige got out of his car to investigate further. As he approached Jordan, he noticed a gun-shaped bulge in the defendant's pocket. With that the officers moved to detain Jordan, but notably, before they could touch him, Jordan took off running. Officer Backmon pursued Jordan on foot, while Paige followed him in the patrol car. Paige, along with some other patrol units, caught up with the defendant, and Paige grabbed him...continue to full post

Full post as published by Fourth Amendment on March 18, 2011 (boomark / email).

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