United States v. Garcia, No. 19-1816 (1st Cir. 2020)
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The First Circuit affirmed Defendant's conviction of a drug offense, in violation of 21 U.S.C. 841(a)(1) and (b)(1)(B), holding that the district court did not err in denying Defendant's motion to suppress the drug evidence as having resulted from an unlawful search under the Fourth Amendment to the United States Constitution.
Drug evidence was obtained from under the hood of a truck in which Defendant was a passenger. On appeal, Defendant argued (1) the government lacked probable cause to remove him from the truck and handcuff him during the search of the vehicle and to search the truck, and (2) the officers lacked reasonable suspicion to support their activities. The First Circuit affirmed, holding (1) the officers were operating from a tip from a reliable informant that the individuals in the truck had drugs and were about to complete a drug sale, and no more information was needed to justify the seizure of Defendant and the inspection of the vehicle; and (2) because the officers had probable cause to seize Defendant and search the truck, they also had reasonable suspicion.
The court issued a subsequent related opinion or order on December 31, 2020.
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