The Virginia Court docket of Appeals reversed a defendant’s conviction of fleeing from a regulation enforcement officer, discovering the arresting officer obtained no nearer than 20 yards to the suspect—a distance too nice to fulfill the statutory proximity requirement.
In a July 25 opinion, authored by Choose Stuart A. Raphael, the Virginia Court docket of Appeals decided that as a matter of regulation, the gap between Jesse Ryan Hackett and the police officer who was trying to make a lawful arrest was too nice to fulfill the statutory proximity requirement outlined in Code Part 18.2-460(E), which makes it a Class 1 misdemeanor to knowingly flee from a regulation enforcement officer trying to make a lawful arrest.