United States v. Tallon

Chief Judge HODGSON

(concurring in part/dissenting in part):

In United States v. Pope, 3 M.J. 1037 (A.F.C.M.R.1977), aff'd on recon., 3 M.J. 1056 (A.F.C.M.R.1977), we held that the mere presence of an accused at the scene of a crime does not give probable cause for his apprehension. The person being apprehended must be a participant in the crime and not merely a knowing spectator. I fully agree with the majority that the police had probable cause to arrest Samuels when he bolted from the appellant’s car. However, Samuels’ flight and the discovery of drug abuse paraphernalia in the rear section…