Page:Brief for the United States, Wong Sun v. United States, 371 U.S. 471 (1963).djvu/37

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ford no explanation of the flight to the rear other than guilt. There was only a single agent, standing in daylight at the door of a laundry on a public street, with no weapons, and who had made no attempt to enter. The door was not slammed when the man at the door inquired for laundry; it was slammed when the officer's badge was exhibited.

In these circumstances, the officer surely had cause to believe Toy guilty; unexplained flight from an officer is strong indication of guilt. Husty v. United States, 282 U.S. 694, 701; Brinegar v. United States, 338 U.S. 160, 166, fn. 7; Wrightson v. United States, 236 F. 2d 672, 673 (C.A.D.C.); Jones v. United States, 131 F. 2d 539, 541 (C.A. 10); Levine v. United States, 138 F. 2d 627, 629 (C.A. 2); United States v. Heitner, 149 F. 2d 105, 107 (C.A. 2); People v. Martin, 46 Cal. 2d 106, 108; People v. Maddox, 46 Cal. 2d 301, 303; Allen v. McCoy, 135 Cal. App. 500, 507; People v. Dewson, 150 Cal. App. 2d 119, 129; 2 Wigmore, Evidence (3d ed., 1940), sec. 276. As stated in Green v. United States, 259 F. 2d 180, 182 (C.A.D.C.), certiorari denied, 359 U.S. 917:

The appellant, then, made his own decision [of flight], not because of threatened assault, for he proved none. His effort to escape impelled his attempted illegal course * * * before the very eyes of the officers. The arrest was proper.

1. front door and "as he started toward his living quarters" the agents, about seven in number, "broke in and pursued him * * *." This was only one of three versions Toy told, another being, "as I tried to close the door," the agent forced the door (R. 38), and the third being that he heard the crash when he "had gone back to [his] bedroom" (R. 47).