Defendant consented to a search of his motel room, and he was twice told he had the right to refuse a consent search. State v. Savage, 2019 Tenn. Crim. App. LEXIS 582 (Sept. 19, 2019).
Defendant wasn’t seized when he was first approached and talked to by a PRPD officer. “By extension, the defendant had not been seized when he showed the officer the content of the open bag.” “When the officer observed the content of the bag, he recognized the type of packaging used for heroin. At that point, he had probable cause to arrest the defendant, and did so.” United States v. Sierra-Ayala, 2019 U.S. Dist. LEXIS 159172 (D. P.R. Sept. 14, 2019).*
Defendant came out of woods and walked up to three officers and talked to them for 2-3 minutes. The encounter was consensual and not a seizure. His path was not blocked, and it wasn’t confrontational. United States v. Oden, 2019 U.S. App. LEXIS 28024 (11th Cir. Sept. 18, 2019).*