(DOWNLOAD) "State V. Olson" by Minnesota Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State V. Olson
- Author : Minnesota Court of Appeals
- Release Date : January 02, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Appellant Michael Olson, arrested for outstanding warrants during a routine traffic stop, resisted arrest and now challenges the district court's admission into evidence of the methamphetamine found on his person during the police search that followed his resistance. Appellant argues that his initial arrest was unconstitutional and that his subsequent resistance to that arrest did not constitute an intervening circumstance sufficient to purge the taint of the initial illegality. But we also conclude that the arresting officer did not have probable cause to arrest appellant initially. We further conclude, however, that appellant's subsequent act of resisting the unlawful arrest constituted a new crime sufficient to purge the taint of the initial illegality, and that the subsequent search of appellant's person, which produced the methamphetamine, was a constitutional search incident to arrest. We therefore affirm.
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