United States v. Diaz

15‐3776‐cr United States v. Diaz 1 UNITED STATES COURT OF APPEALS 2 FOR THE SECOND CIRCUIT 3 August Term, 2016 4 (Argued: November 29, 2016 Decided: April 18, 2017) 5 Docket No. 15‐3776‐cr 6 7 8 UNITED STATES OF AMERICA, 9 Appellee, 10 v. 11 JOSE DIAZ, 12 Defendant‐Appellant. 13 14 Before: WALKER, SACK, and CHIN, Circuit Judges. 15 An officer observed the defendant in an apartment‐building stairwell with 16 an open container of alcohol, an apparent violation of New York Cityʹs open‐ 17 container law. The officer initially intended only to issue a summons for the 18 violation, not to make an…