State v. Lantzsch

Defendant appeals his conviction for unlawful possession of methamphetamine. He asserts that the trial court erred by denying his motion to suppress the evidence found as a result of a search, because his consent to the search was the unattenuated product of an unlawful seizure of his person. As explained below, we vacate and remand because the trial court did not make a finding of fact regarding whether defendant subjectively believed that he had been seized when the officer, who had completed his investigation and arrest of the driver of the car in which defendant was a passenger, contacted…