United States v. Jorge Zapata

STEPHEN E. ANDERSON, Circuit Judge.

The government appeals from an order of the district court suppressing evidence — cocaine — seized pursuant to a search of defendant Jorge Zapata’s luggage on a train in Albuquerque, New Mexico, as well as statements made following his arrest. Because we hold that the encounter between the officers and Mr. Zapata was consensual, and did not constitute a seizure in violation of the Fourth Amendment, and because we hold that Mr. Zapata voluntarily consented to the search of his luggage, we reverse the district court’s grant of the motion to suppress.

BACKGROUND

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