Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA9: Defendant was not detained when he refused to stop for officer; defendant's threat to "kick your fuckin ass" led to real stop

By John Wesley Hall, Jr.

The basis for defendant's traffic stop was unlikely, so the stop probably was unlawful, but defendant did not stop; he drove to his house and got out of the car. The officer stopped and followed. The defendant turned and said "I'm gonna kick your fuckin ass." At that point, defendant could be lawfully arrested for threatening the officer, and the stop was valid. United States v. Caseres, 2008 U.S. App. LEXIS 15575 (9th Cir. July 21, 2008). And, in South Carolina, a defendant who fled on foot from officers could not be convicted of resisting arrest when he had not been arrested. State v. Brannon, 2008 S.C. App. LEXIS 127 (July 18, 2008).* Defendant knew from testimony at a hearing that the pockets of clothes were searched, but he waited until the eve of trial to raise that as a suppression issue, and it was thus not timely...continue to full post

Full post as published by Fourth Amendment on July 25, 2008 (boomark / email).