United States First Circuit

Conviction of defendant for possession of cocaine base with intent to distribute is affirmed, where: 1) any and all improper statements made at trial were cured by repeated and immediate jury instruction, the jury was sophisticated, and certain misstatements might be construed against the prosecution; 2) the statements made by the driver of the care at the time of defendant's arrest, Johnson, to her attorneys, were confidential and protected by the attorney-client privilege and thus her attorneys' proffered testimony about those statements were inadmissible under Evidence Code Rule 804(b)(3); and 3) the facts gave officers at least a minimal level of objective justification for the belief that criminal activity was afoot, and the use of force to put defendant on the ground on his stomach and to handcuff him did not transform the interaction into a de facto arrest.

Appellate Information

• Decided 10/29/2014
• Published 10/29/2014

Judges

Court

• United States First Circuit

Counsel