The encounter with the officer was not a seizure. She was parked five spaces away from defendant\u2019s car and off to the side. When talking to defendant she saw a meth pipe in plain view. \u201cThe parties do not dispute that Byers was no longer free to leave once Officer Jackson observed the methamphetamine pipe and instructed Byers to turn around to face the vehicle and place his hands on his head.\u201d The search of the person that followed was valid as a search incident. United States v. Byers, 2019 U.S. Dist. LEXIS 199476 (N.D. Ind. Oct. 3, 2019).*<\/p>\n
The district court\u2019s finding that the officer\u2019s statement in the affidavit for search warrant was an unintentional mistake was clearly supported by the record. Thus, the first prong of Franks isn\u2019t satisfied, and the second becomes irrelevant. United States v. Brunson<\/a>, 2019 U.S. App. LEXIS 34358 (3d Cir. Nov. 19, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":" The encounter with the officer was not a seizure. She was parked five spaces away from defendant\u2019s car and off to the side. When talking to defendant she saw a meth pipe in plain view. \u201cThe parties do not dispute … Continue reading