United States v. Terry L. Embry

OPINION OF THE COURT

This appeal requires us to determine whether the District Court erred in refusing to suppress certain evidence admitted at the appellant Embry’s trial. Our determination depends upon the lawfulness of the police pursuit of Embry, and Embry’s arrest and subsequent “search” after he fled from the presence of the police who were conducting a street frisk (of another person). We agree with the District Court that, under the stipulated facts, the evidence (heroin) was properly admitted at trial.

I

All of the facts on which Embry was convicted and which give rise to this appeal…