United States v. Rasberry, No. 16-2465 (1st Cir. 2018)
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The First Circuit affirmed the district court’s denial of Defendant’s motion to suppress, holding that the seizure of contraband in Defendant’s undershorts did not violate the “plain feel” doctrine.
During a pat-down incident to a Terry stop, a Drug Enforcement Administration agent discovered a softball-sized object stashed in Defendant’s undershorts. The agent arrested Defendant under the suspicion that the object was contraband. A subsequent search of Defendant’s person confirmed the agent’s suspicion that the object contained controlled substances. The district court denied Defendant’s motion to suppress. The First Circuit affirmed, holding that, under the totality of the circumstances, the search and seizure were reasonable, and thus, Defendant’s Fourth Amendment rights were not violated.
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