State v. Najar

FLYNN, J. pro tempore

Defendant challenges the trial court’s denial of his motion to suppress evidence that officers discovered after defendant consented to the inspection of a container that officers found during a “pat down” search. The trial court concluded that defendant was seized at the time of the search and that the seizure was authorized by officer safety concerns, rejecting defendant’s argument that he was seized much earlier during the encounter and that the state failed to prove any lawful basis for the earlier seizure. Defendant argues that he was seized when, during the course of…