October 4, 2009
Suspect Still Seized While Fleeing After Being Pepper SprayedFourthamendment.com summarizes this case from New Mexico. The court emphasizes that the suspect had only taken a few steps after being sprayed when he dropped the drugs in question. The court also admits not being entirely certain about what the U.S. Supreme Court meant in Hodari D. when it referred to a suspect who had "broken away" from a seizure.
October 4, 2009 | Permalink