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UNITED STATES v. FAGAN

No. 21-1758.

71 F.4th 12 (2023)

UNITED STATES of America, Appellee, v. Damon FAGAN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

June 15, 2023.

Attorney(s) appearing for the Case

Noreen McCarthy for appellant.

Benjamin M. Block , Assistant United States Attorney, with whom Darcie N. McElwee , United States Attorney, was on brief, for appellee.

Zachary L. Heiden , Carol J. Garvan , Gilles R. Bissonnette , Matthew Warner , and Preti Flaherty LLP, on brief for amici curiae American Civil Liberties Union of Maine Foundation, American Civil Liberties Union of New Hampshire Foundation, and American Civil Liberties Union of Massachusetts, Inc.

Before Kayatta, Howard, and Thompson, Circuit Judges.

A traffic stop on the Maine Turnpike for unsafe operation of a vehicle led to the discovery of evidence showing that Damon Fagan was carrying heroin with the intent to distribute it. Seeking to suppress that evidence, Fagan argued in the district court that the officer who pulled him over lacked a sufficient basis for suspecting...

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