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Elyria v. Tress4/10/1991
s is of no import. See, generally, United States v. Clark (C.A.5, 1977), 559 F.2d 420, 424-425, certiorari denied (1977), 434 U.S. 969, 98 S.Ct. 516, 54 L.Ed.2d 457. The arrest in this case was the product of an uninterrupted investigation that had focused upon Tress. At all times prior to the announcement of arrest, the officers acted peaceably and in accordance with law. The duration of the intrusion was, apparently, brief. Given these factors - the substantial evidence present at the time against Tress, and the seriousness of the offenses - the need to promptly secure a breath test created an exigent circumstance supported by more than sufficient probable cause.
I do agree with the majority's discussion of the conviction for driving while intoxicated. However, for the foregoing reasons, I would also affirm the conviction for resisting arrest.
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