Aftеr Maria DeJesus Favela pleaded guilty to possession of methamphetamine with intent to distribute in violation of -21 U.S.C. § 841(a)(1), the district court 1 sentenced her to seventy months in prison and five years of supervised release. Favela appeаls the denial of her motion to suppress methamphetamine found on her person following her arrest at the Kansas City International Airport. The issue is whether the arrest followed a consensual search tainted by an unlawful detention. We affirm.
On the day in question, Favela arrived at the Kansas City airport on a plane from California. Task Force Officer James Mоrgan and Senior Airman Paul Callaway watched Favela for about ten minutes as she walked back and forth from Gate 34 to а restroom and gift shop near Gate 30, and then sat for a few minutes near the Gate 30 exit before again proceeding to the gift shop entrance. Officer Morgan approached from behind, identified himself as a police officer, displayed his badge and identification, and asked Favela if he could speak with her. She agreed. Morgan stood approximately ljé feet in front of Favela, while Callaway stood approximately 2 feet to Morgan’s left. Both were drеssed in plain clothes and did not display weapons.
Morgan asked Favela if she spoke English. She replied, “a little.” Favela told Morgan she was in Kansas City for one day to visit family and allowed him to review her identification and one-way airline ticket (purchased with cash the day before). Morgan asked if she had illegal narcotics or a large sum of currency in hеr possession. Favela responded that she did not. Morgan then asked if he could search Favela and her bag. Favеla consented and handed her clear plastic bag to Morgan. While Callaway searched the bag, finding no drugs or other contraband, Morgan asked Favela to pull her loose-fitting shirt tight around her stomach area, demonstrating the request by pulling his own shirt tight. When Favela complied, Morgan and Callaway observed a bulge in the upper middle portion of her stomaсh area. Morgan pointed to the bulge and inquired what it was. Favela sighed, shrugged her shoulders, and looked at the floor. Morgаn asked if he could touch the bulge. Favela nodded affirmatively. After feeling two hard bulges he believed to be illegal drugs, Morgan placed Favela under arrest. A search incident to the arrest uncovered 1.2 kilograms of methamphetamine tаped to Favela’s body. The entire encounter lasted approximately five minutes.
In denying her motion to suppress following an evidentiary hearing, the district court found that Favela initially agreed to talk to Officer Morgan and Airman Calla-
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way аnd then voluntarily consented to the search of her bag, a search of her person, and to pulling her shirt tight at Officer Morgаn’s request. These findings are not clearly erroneous.
See United States v. McKines,
Favela argues the district court should nonetheless have suppressed the methamphetamine because her initiаl encounter with Morgan and Callaway was a Fourth Amendment seizure, the officers had no reasonable suspicion justifying that investigative stop, and therefore the consensual search of Favela’s person and her subsequent arrest were tainted fruits of a Fourth Amendment violation. The district court rejected this contention, concluding that the officers’ conduct in approaching and questioning Favela did not constitute a seizure. The. issue of seizure turns on whether, considering the totality of the circumstances, “a reasonable person would have believed that [s]he was not free to leave.”
United States v. Mendenhall,
Not every encounter between law enforcement officers and an individual constitutes a seizure for purposes of the Fourth Amendment. For example, “law enforcement officers do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place, by asking him if he is willing to answer some questions, [and] by putting questions to him.”
Florida v. Royer,
Favela argues at length on appеal that Officer Morgan lacked the reasonable suspicion necessary to justify a non-consensual investigative stоp. We need not consider that question because there was no seizure for Fourth Amendment purposes. Favela agreed to talk to Officer Morgan in a public place. She consented to a search of her person that ultimately provided Officer Morgan with probable cause to arrest. The methamphetamine was then discovered in a lawful search incident to Favela’s arrest. In these circumstances, *841 her motion to suppress was properly denied.
The judgment of the district court is affirmed.
Notes
. The HONORABLE SCOTT O. WRIGHT, United States District Judge for the Western District of Missouri.
