United States v. Cardona-Vicente, No. 15-1188 (1st Cir. 2016)
Annotate this CaseAfter a jury trial, Defendant was convicted of possession of a controlled substance with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime. Defendant appealed, challenging the district court’s denial of his motion to suppress evidence obtained after a police officer, during the course of a Terry stop, conducted a pat-frisk of a fanny pack that Defendant was wearing. The First Circuit affirmed, holding that the district court did not err in finding that the facts were sufficient to give rise to a reasonable suspicion that Defendant was armed and dangerous, and therefore, the law enforcement officer was justified in touching the fanny pack.
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