United States v. Donald Cook

BARBADORO, District Judge.

A grand jury indicted Donald Cook for possession of crack cocaine with intent to distribute. See 21 U.S.C. § 841(a)(1). Cook subsequently moved to suppress the cocaine, arguing that the police seized it in violation of his Fourth Amendment rights. The district court denied the motion because it determined that the cocaine was lawfully seized following an investigative stop authorized by Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Ultimately, Cook was convicted of the lesser-included offense of possession of more than five grams of crack cocaine.…