U.S. v. MARSHALL

No. 01-5147.

298 F.3d 1195 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Wayne Lee MARSHALL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 30, 2002.


Attorney(s) appearing for the Case

Barry L. Derryberry, Research and Writing Specialist (Jack Schisler, Assistant Public Defender, with him on the briefs), Office of the Federal Public Defender, Tulsa, Oklahoma, for Defendant-Appellant.

Timothy L. Faerber, Assistant United States Attorney (David E. O'Meilia, United States Attorney, with him on the brief), Northern District of Oklahoma, Tulsa, Oklahoma, for Plaintiff-Appellee.

Before HENRY and McKAY, Circuit Judges, and BROWN, Senior District Judge.


McKAY, Circuit Judge.

This criminal appeal arises from an incident that occurred when two police officers in uniform were hiding in some bushes while conducting surveillance for possible drug trafficking activity. Appellant Marshall unknowingly walked toward where the officers were positioned and the officers stepped out of the shadows. Mr. Marshall saw them, turned, and began to run away. The officers yelled, "police, stop," and pursued Mr. Marshall on foot. One...

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