United States v. Joshimar Rodriguez Lozano

ERICKSON, Circuit Judge.

Joshimar Rodriguez Lozano ("Rodriguez") was indicted for being an illegal alien in possession of a firearm and ammunition, in violation of 18 U.S.C. §§ 922 (g)(5) and 924(a)(2). Before trial, the district court granted Rodriguez's motion to suppress, finding the encounter with law enforcement was not consensual at its inception and did not become consensual at any time before Rodriguez's arrest. Because we find the evidence in the record establishes Rodriguez's encounter with law enforcement was consensual and Rodriguez consented to the pat-down search, we reverse.

I.…