Criminal: POE V. COMMONWEALTH (COA 8/11/2006)

POE V. COMMONWEALTH
CRIMINAL:  Search and Seizure (detention)
2005-CA-000698
PUBLISHED 
AFFIRMING; JOHNSON
DATE RENDERED:  8/11/2006

Poe sentenced for five years’ imprisonment following a jury verdict convicting him of criminal mischief in the first degree and disorderly conduct.

He appealed and the COA affirmed the conviction after concluding the police officers had reason to detain and to question Poe,  and that Poe was not entitled to a directed verdict of acquittal based on the evidence as a whole.

Since Ppe was not under arrest at the time he was initially handcuffed and placed in the police cruiser, his other two arguments that the police lacked probable cause to arrest him and that his actions were the result of rightfully resisting an unlawful arrest are baseless.

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