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Arnold v. State

The trial court properly denied the defendant's motion to suppress, because police officers were authorized to handcuff the defendant and pat him down for weapons, since the defendant behaved in a threatening manner towards the officers when they attempted to arrest one of the defendant's companions.

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Richard Arnold appeals from the judgment entered after a jury convicted him of possession of cocaine. Arnold contends that the trial court erred in denying his motion to suppress and erred in giving an Allen charge1 in response to the jury’s announcement that it was deadlocked. For reasons that follow, we affirm. The evidence at the hearing on the motion to suppress and at trial2 was that officers were patrolling on foot at approximately 1:45 a.m. through an area known for “high drug activity,” when they saw and heard a group of men in a carport talking loudly and using profanity.

When the officers walked toward the men to tell them to “quiet it down,” one of the men, Tolliver, stood up, ran to the side door of the house, and tried to open the door. When he could not open the door, he ran away, throwing something down as he did so. After they caught Tolliver, officers retrieved a prescription pill bottle containing what appeared to be crack cocaine. When the officers arrested Tolliver, the other three men, including Arnold stood up and “began yelling and getting upset.” The officers felt threatened and, based on their experience that “drugs and guns go together,” decided to handcuff the other three men. The officer who handcuffed Arnold discovered that Arnold was holding a plastic bag containing 18 smaller plastic baggies. The baggies were found to contain 2.57 grams of cocaine.

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