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Tag Archives: Resisting Arrest

Criminal Practice – Resisting Arrest is Sentencing ‘Crime of Violence’ (access required)

U.S. v. Aparicio-Soria In sentencing defendant on a conviction for illegal reentry into the U.S., a district court did not err in treating a prior conviction for resisting arrest as a “crime of violence” under federal sentencing guidelines; adopting the categorical approach to characterize the offense, the 4th Circuit affirms the district court’s 36-month sentence for defendant.

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I’m here to surrender—aarrgghh! (access required)

Charles Boswell claims he was walking to his girlfriend’s apartment late one night when Oxford police officer Kenneth Bullock stopped him and asked him who he was and where he was going. Boswell didn’t respond well to being questioned, and Bullock attempted to place him under arrest for disturbing the peace. But Boswell made a run for it.

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Criminal Practice – Search & Seizure – Flight – Resisting Arrest – No Probable Cause (access required)

State v. White Responding to a noise complaint, police officers saw defendant running away and arrested him for resisting a public officer. With no showing that it was the police that defendant was running away from or that he was involved in the source of the noise complaint or any other illegal activity, the state failed to show that the police had probable cause to arrest defendant. We reverse the trial court’s denial of defendant’s motion to suppress evidence that the police gathered as a result of his arrest.

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