United States v. Brake, No. 11-1215 (1st Cir. 2011)Annotate this Case
Defendant entered a conditional plea of guilty to a charge of possession with an intent to distribute a controlled substance (21 U.S.C. 841(a)(1)) and appealed denial of a motion to suppress. The First Circuit affirmed. An investigatory "Terry" stop and pat-down of defendant was based on reasonable suspicion. A 911 caller from the residence reported a man at the residence, with a gun and making threats and the police stopped men they believed to have just left the residence. Their conduct indicated likely possession of a gun. The court properly determined that defendant's actions in taking a bag out of his pocket, throwing it on the ground, and disclaiming ownership, was an attempt to cooperate, rather than submission to legal authority.