United States v. Merritt, No. 18-2208 (1st Cir. 2019)
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The First Circuit affirmed the judgment of the district court denying the motions to suppress filed by Defendants Cuwan Merritt and Michael Artis, the district court's ruling admitting co-conspirator statements under Fed. R. Evid. 801(d)(2)(E) and 403 and United States v. Petrozziello, 548 F.2d 20 (1st Cir. 1977), and Defendants' convictions of possession with intent to distribute cocaine base, holding that Defendants were not entitled to relief.
In denying Defendants' motions to suppress drugs found on each Defendant the trial court found that police had probable cause to stop an automobile in which Defendants were known to be traveling with two confidential informants. The First Circuit affirmed, holding (1) Defendants failed to show that the police lacked probable cause to arrest them before a vehicle stop; and (2) the district court properly admitted the out-of-court statements made by a co-conspirator.
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