Disobeying police officer by running from property being searched violates Oklahoma officer-obstruction statute and is grounds for arrest and search

SEARCH & SEIZURE United States v. Sanchez, No. 08-5047, ___ F.3d ___ (10th Cir. Feb. 10, 2009)(N.D. Oklahoma). Appeal of district court’s denial of suppression motion. HELD: (1) Person who is outside of residence being searched under authority of search warrant may be detained and searched by police executing warrant. An officer's authority to detain persons incident to search is categorical. It does not depend on quantum of proof justifying detention or extent of intrusion to be imposed by seizure. (2) Person who is outside of residence being searched under authority of search warrant but runs away after being told to “get down” by police violates Oklahoma statute prohibiting obstruction of an officer. He thereby provides grounds for arrest and search of his person incident to arrest. (3) For purposes of search-incident-to-arrest, arrest begins with detention in connection with search, not when defendant is later formally advised he is under arrest for specific crime (i.e., obstruction, resisting arrest, etc.). Read the opinion here.