Legal Opinion
United States v. Brake
Court of Appeals for the First Circuit
Decided December 30, 2011No. 11-1215PublishedCited by 23 opinions
1Opinion of the Court
HOWARD, Circuit Judge.
The defendant Adam Brake was charged with one count of possession with an intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1). He moved to suppress the drugs as evidence, arguing that they were obtained from him in violation of the Fourth Amendment through an unlawful Terry stop, an illegal frisk, and an involuntary consent to search. The district court conducted an evidentiary hearing at which Brake did not testify. After crediting the police account, the court denied the suppression motion. Brake pleaded guilty but preserved his right to…
2Cases cited26 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Adams v. WilliamsSupreme Court of the United States · 1972
- Florida v. BostickSupreme Court of the United States · 1991
- Bumper v. North CarolinaSupreme Court of the United States · 1968
21 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Pagán-Colón v. Walgreens of San Patricio, Inc.Court of Appeals for the First Circuit · 2012
- United States v. SotoCourt of Appeals for the First Circuit · 2015
- United States v. Tiru-PlazaCourt of Appeals for the First Circuit · 2014
- United States v. MouscardyCourt of Appeals for the First Circuit · 2013
- United States v. MartinezCourt of Appeals for the First Circuit · 2014
18 more not listed; retrieve them via the Exa API.