ID: Search incident justified by def’s lie about syringe in pocket

Officer’s certain knowledge of a syringe in defendant’s pocket defendant lied about after a consensual patdown for weapons justified a search incident. The officer sought a patdown because of his nervousness. State v. Budka, 2021 Ida. App. LEXIS 20 (May 21, 2021).

One who flees could still have been seized by the time he flees. Here, the court finds defendant was seized before he fled. The district court erred in holding that he wasn’t. “We conclude Officer Volcin’s persistent questioning, viewed in the totality of the circumstances, would leave a reasonable person with the view that he was not free to leave. We also conclude Mabry submitted to that show of authority by remaining where he was for a time. Therefore, we reverse the district court’s denial of Mabry’s motion to suppress, vacate Mabry’s conviction, and remand this case for further proceedings consistent with this opinion.” United States v. Mabry, 2021 U.S. App. LEXIS 15145 (D.D. Cir. May 21, 2021). [Watch what you ask for. Is this then escape from an officer? D.C. Code § 22–2601. The remand will be interesting.]

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