Defendant had no right to a warning before he fled from police when he was stopped. “Here, as a practical matter, it is not all clear that police had a reasonable opportunity to issue Dunham verbal commands directing his movement. To the contrary, in our view, Dunham’s preemptive flight negated any opportunity for police to verbally exercise their authority. Under these circumstances, we decline to reward Dunham for his preemptive flight or, more generally, require that police issue additional, verbal commands to an individual, already lawfully seized, prior to their pursuit of him.” Commonwealth v. Dunham, 2019 PA Super 20, 2019 Pa. Super. LEXIS 68 (Jan. 29, 2019).
Defense counsel wasn’t ineffective for allegedly mishandling a Franks motion. It would have failed because it was based on the wrong legal theory: Franks applies to false statements of the officer, not the CI. Burdick v. Kline, 2019 U.S. Dist. LEXIS 13836 (D. Kan. Jan. 29, 2019).*