U.S. v. BOOKHARDT

No. 00-3107.

277 F.3d 558 (2002)

UNITED STATES of America, Appellant. v. Ronnie BOOKHARDT, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 29, 2002.


Attorney(s) appearing for the Case

Suzanne Grealy Curt, Assistant U.S. Attorney, argued the cause for appellant. With her on the briefs were Wilma A. Lewis, U.S. Attorney at the time the briefs were filed, John R. Fisher, Thomas J. Tourish, Jr., and Arvind K. Lal, Assistant U.S. Attorneys. Roscoe C. Howard, Jr., U.S. Attorney, entered an appearance.

A.J. Kramer, Federal Public Defender, argued the cause and filed the briefs for appellee. Tony W. Miles, Assistant Federal Public Defender, entered an appearance.

Before: GINSBURG, Chief Judge, and SENTELLE and GARLAND, Circuit Judges.


Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

This appeal turns on the question of whether, if a police officer arrests a defendant on a ground that proves invalid, the arrest is nonetheless lawful if the same officer had probable cause to arrest the defendant for a different offense. We answer that question in the affirmative, and, accordingly, reverse the district court's suppression of evidence discovered in a search incident...

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