State v. Byrne

YAWN, THERON A., Jr., Associate Judge.

The State has appealed the dismissal of a criminal information charging appellee with violently resisting arrest. The appeal rests upon one issue, viz: was appellee’s arrest for the misdemeanor possession of marijuana rendered invalid by the ensuing illegal seizure from his person of a quantity of that contraband. We think not.

Appellee was arrested without formal process and subsequently charged in separate informations with possession of less than five grams of marijuana and resisting arrest with violence. The arrests were substantially contemporaneous,…