D.C.Cir.: Def’s stop was consensual and his admission he had “some weed” was PC for search incident

“Lea’s initial interaction with Officers Woods and Wooley bears all the hallmarks of a consensual encounter: the officers did not touch Lea or brandish their weapons, which were concealed; Lea’s movement was not restricted; the officers wore plain clothes; the encounter took place during the day in a public setting; and the officers spoke to Lea in a clear, calm manner. Viewing the record evidence holistically, and giving due weight to the district court’s factual findings, there was no show of authority that would communicate to a reasonable person in Lea’s position that he was not free to leave. Because, therefore, Lea was not seized within the meaning of the Fourth Amendment when the officers approached him at the bus shelter and asked what he was smoking, Lea’s answer — ‘Some weed’ — supplied the officers with probable cause to believe he was committing a crime in their presence. See D.C. Code § 48-911.01. The search that produced the firearm was a lawful search incident to arrest. See United States v. Bookhardt, 277 F.3d 558, 564 (D.C. Cir. 2002).” United States v. Lea, 2020 U.S. App. LEXIS 37330 (D.C. Cir. Nov. 25, 2020).*

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