D.C.Cir. finds flight and abandonment of guns caused by illegal arrest; taint not purged

Defendant left a house being watched by the police who were waiting for a search warrant. They followed him and finally ordered him to stop and assume the position, which he did. Then he fled. Because the stop was unlawful, it tainted the abandonment of guns in flight. United States v. Brodie, 742 F.3d 1058 (D.C. Cir. 2014).

Here the drug dog was used on the car while waiting for the license checks to return, and that was de minimus in extending the stop, if at all. However, the Fifth Circuit hasn’t adopted that rule yet, so this court won’t. The court [stretches and] finds reasonable suspicion to support the sniff. United States v. Waldrip, 2014 U.S. Dist. LEXIS 20665 (S.D. Tex. February 19, 2014).*

The trial court found consent. The other issues raised on appeal weren’t raised or, if they were, weren’t ruled on below, so they’re not preserved. Lewis v. State, 2014 Ark. App. 136, 2014 Ark. App. LEXIS 154 (February 19, 2014).*