CA10: Def’s prior drug arrests by the officer contributed to RS when in a high crime area and other things

“Serna was ‘seized’ under the Fourth Amendment through a Terry stop when Sergeant Silva told Serna to keep his hands where he could see them, and Serna placed his hands on top of his head. … The district court ruled that Serna’s seizure was justified because Sergeant Silva ‘(i) observed an individual [Serna] known to engage in drug trafficking; (ii) engag[ing] in a hand to hand exchange of cash; (iii) in a park known as a site for drug trafficking.’ Serna, 406 F. Supp. 3d at 1124. We agree with the district court that the facts, viewed in the light most favorable to the government, establish that Serna’s seizure was reasonable under the Fourth Amendment” on the totality. It was a high crime area, which alone isn’t enough, but the officer knew defendant from having arrested him for drug offenses before. United States v. Serna, 2020 U.S. App. LEXIS 9855 (10th Cir. Mar. 30, 2020).

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