United States v. Davis

ORDER

Derrick Davis pleaded guilty to possession with intent to distribute more than five grams of crack, 21 U.S.C. § 841(a)(1), reserving the right to appeal from the denial of his motion to suppress the drugs and statements that led to the charges, Fed.R.Crim.P. 11(a)(2). Davis contends that the evidence should have been suppressed since the officer who obtained the evidence “seized” him in his car in violation of the Fourth Amendment. Because the arresting officer actually approached Davis to ask him questions, and thus did *315not “seize” him, and because the officer thereafter had probable…