United States v. Perez, No. 19-1950 (1st Cir. 2020)Annotate this Case
The First Circuit affirmed the decision of the district court denying Defendant's motion to suppress drug evidence that was seized without a warrant after an automobile stop and drug evidence from a subsequent visual body cavity search, holding that the police had reasonable suspicion to perform the automobile stop and particularized reasonable suspicion to perform the visual body cavity search.
On appeal, Defendant argued that his rights under the Fourth and Fourteenth Amendments were violated because the law enforcement officers lacked reasonable suspicion to perform the initial stop of his vehicle and the requisite level of suspicion to perform the visual body cavity search of his person at the police station. The First Circuit disagreed, holding that the officers (1) had reasonable suspicion to stop Defendant's vehicle; and (2) had particularized reasonable suspicion to conduct the visual body cavity search.