E.D.N.Y.: Stop in the recheck line at JFK shortly after clearing customs was still within the border search area

Defendant’s stop in the recheck line at JFK shortly after clearing customs was still within the border search area. United States v. Newton, 2021 U.S. Dist. LEXIS 195145 (E.D.N.Y. Oct. 8, 2021).

Reversed yet again for lack of proper findings whether defendant was seized at the time of his patdown that found cocaine. “The trial court focused its findings on whether it was reasonable to seize Maye and whether Maye voluntarily consented to a search regardless of whether he was seized. But it never focused on the related and we think dispositive question of whether Maye was seized at the moment of his purported consent. For instance, while the court stressed that Ronald Hall—Maye’s friend at the scene—testified to facts that ‘did not materially contradict the officers’ testimony,’ his testimony did diverge from the officers’ in respects critical to assessing when Maye was seized. Because further factual findings are potentially dispositive as to whether Maye was seized when he agreed to be searched, we remand the case for further findings.” Maye v. United States, 2021 D.C. App. LEXIS 286 (Oct. 7, 2021).*