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CA8: Defendant's flight after being approached for matching description of wanted man and admission he was holding was PC

By John Wesley Hall, Jr.

Defendant a man followed to a store by a bail bondsman looking to arrest him on outstanding warrants. The bondsman saw a police officer outside the store and enlisted his aid in the arrest. It turned out that the defendant was not the man wanted but he exactly matched the description the bondsman had developed, down to color of shirt and cornrows in his hair. The officer approached defendant and asked his name three times, which he refused to provide, and then he turned to flee, and he was Tasered. After the officer found out he was the wrong guy, he asked why he ran” “I’ve got some sh*t on me.” That led to a search incident, which was valid. 240 month sentence for crack possession affirmed. United States v. Bourrage, 08-3823 (8th Cir...continue to full post

Full post as published by Fourth Amendment on January 09, 2010 (boomark / email).