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Friday, February 4, 2011

Flight From Officer Held Cause to Stop and Search

From the Metropolitan News-Enterprise:
The Ninth U.S. Circuit Court of Appeals yesterday ruled that a Las Vegas man who attempted to flee from a police officer who called out to him to stop was not unconstitutionally seized since he did not submit to the officer’s show of authority, and his flight gave the officer reasonable suspicion to handcuff and search him after the foot chase ended.

Judge Ronald M. Gould, in his decision for the panel, acknowledged that “circumstances where a person’s flight has a perfectly innocent and reasonable explanation” may exist. But Jermaine Smith’s reaction was suggestive of wrongdoing, the judge concluded.

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