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U.S. v. BRAKE

No. 11-1215.

666 F.3d 800 (2011)

UNITED STATES of America, Appellee, v. Adam BRAKE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 30, 2011.

Attorney(s) appearing for the Case

Bjorn Lang , Assistant Federal Public Defender, for appellant.

Seth R. Aframe , Assistant United States Attorney, with whom John P. Kacavas , United States Attorney, was on brief, for appellee.

Before LIPEZ, SELYA and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

The defendant Adam Brake was charged with one count of possession with an intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1). He moved to suppress the drugs as evidence, arguing that they were obtained from him in violation of the Fourth Amendment through an unlawful Terry stop, an illegal frisk, and an involuntary consent to search. The district court conducted an evidentiary hearing at which Brake...

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