United States Eighth Circuit

Denial of a motion to suppress evidence in a prosecution for possession with intent to distribute cocaine base and criminal forfeiture is affirmed where, even assuming arguendo that a detention and pat-down search of defendant were invalid, his actions provided independent grounds for his arrest for obstructing a peace officer or resisting arrest under state law, and consequently, evidence found in the search incident to arrest was admissible.

Appellate Information

• Decided 09/07/2006
• Published 09/07/2006

Judges

• RILEY, Circuit Judge., Before BYE, LAY, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Adam J. Sipple, argued, Oakland, Nebraska, for appellant.


• For Appellees:
  
• David W. Stempson, argued, Lincoln, Nebraska, for appellee.