United States v. Orth, No. 16-1436 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed the district court’s denial of Defendant’s motion to suppress drugs, a digital scale, and a firearm obtained following a traffic stop of the vehicle in which Defendant was a passenger. In his motion to suppress, Defendant argued that the evidence was obtained through an illegal search and pat-frisk. The district judge denied the motion after an evidentiary hearing, finding that the pat-frisk was warranted. Defendant then pled guilty to possession of heroin with intent to distribute, possessing a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a prohibited person. The First Circuit affirmed the judgment of the district court, holding that the totality of the circumstances provided a particularized objective basis for the officer’s suspicion that Defendant was armed and dangerous, and therefore, the district court properly denied Defendant’s motion to suppress.