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Criminal Law

: Fourth Amendment

D.V.I.: 911 call with known person involved was RS, and then he pulled away and a scuffle ensued

By John Wesley Hall, Jr.

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The officer here responded to a 911 domestic disturbance call involving a name the officer recognized as a troublemaker (for want of a better way to put it), and the officer arrived and saw him on an apartment building parking lot. The officer approached him and touched his arm, and he pulled away and a struggle ensued. Defendant was handcuffed. There was reasonable suspicion for the initial contact, and the defendant’s resistance ripened it into a valid arrest. United States v. Nelson, 2010 U.S. Dist. LEXIS 109244 (D. V.I. October 13, 2010).* NYPD officers in the housing unit on routine patrol saw defendant sitting on a bench outside an apartment building, and they approached him and could smell he was smoking crack. Defendant broke and ran for the building...continue to full post

Full post as published by Fourth Amendment on October 17, 2010 (boomark / email).

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