182265P.pdf   02/26/2019  United States  v.  Joshimar Rodriguez Lozano
   U.S. Court of Appeals Case No:  18-2265
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Erickson, Author, with Smith, Chief Judge, and Colloton, 
   Circuit Judge] 
   Criminal case - Criminal law. The government appeals an order suppressing 
   a search on the ground defendant's encounter with law enforcement was not 
   consensual at its inception and did not become consensual at any time 
   before defendant's arrest; in considering whether the encounter was 
   consensual under the seven non-exclusive factors courts should consider, 
   the district court erred in placing extensive and virtually exclusive 
   focus on defendant's high school age; the test for whether an person has 
   been seized within the meaning of the Fourth Amendment is an objective 
   standard, and while age and mental ability are considered in determining 
   whether consent is voluntary, the standard is whether a reasonable person 
   would have felt free to leave in determining whether a seizure occurred; 
   applying that standard and the other non-exclusive factors, the court 
   erred in determining defendant had been seized; pat-down search was an 
   objectively reasonable measure to protect officer safety, and the gun 
   found during the pat-down was admissible.