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U.S. v. ZAPATA

No. 92-2183.

997 F.2d 751 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Jorge ZAPATA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 23, 1993.

Attorney(s) appearing for the Case

Sidney M. Glazer, Atty., U.S. Dept. of Justice, Washington, DC (Don J. Svet, U.S. Atty., and Tara Neda, Asst. U.S. Atty., D. of N.M., Albuquerque, NM, with him on the brief), for plaintiff-appellant.

Joseph W. Gandert, Asst. Federal Public Defender, Albuquerque, NM, for defendant-appellee.

Before ANDERSON, HOLLOWAY, and TACHA, Circuit Judges.

STEPHEN E. ANDERSON, Circuit Judge.

The government appeals from an order of the district court suppressing evidence—cocaine —seized pursuant to a search of defendant Jorge Zapata's luggage on a train in Albuquerque, New Mexico, as well as statements made following his arrest. Because we hold that the encounter between the officers and Mr. Zapata was consensual, and did not constitute a seizure in violation of the Fourth Amendment, and because we hold...

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