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Sims v. State

Officers had probable cause to arrest the defendant for obstruction after he refused to stop and submit to the officers' lawful authority to conduct a tier two encounter based on their reasonable suspicion that the defendant was, or was about to be, engaged in criminal activity.

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Benjamin Sims appeals from the trial court’s denial of his pre-trial motion to suppress evidence supporting the State’s accusation charging him with misdemeanor possession of marijuana and misdemeanor obstruction of law enforcement officers.1 For the following reasons, we affirm the denial of the motion.

Sims claims that, in violation of the Fourth Amendment to the United States Constitution, police officers: a illegally stopped and detained him for questioning without reasonable suspicion of criminal activity; b illegally arrested him for obstruction when he walked away from and resisted the unlawful detention; and c found marijuana on his person during an illegal search incident to the unlawful arrest. In its order denying the motion to suppress, the trial court found that the officers lawfully attempted to detain Sims for questioning based on reasonable suspicion, and lawfully arrested him for obstruction when he resisted the detention. The sworn evidence at the motion hearing supports the trial court’s order.

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