United States v. Brake, 2011 U.S. App. LEXIS 26019

Brake was charged with possession with intent to distribute a controlled substance under 21 U.S.C. § 841(a)(1); he moved to suppress the drugs as evidence for alleged Fourth Amendment violations (unlawful Terry stop, illegal frisk, and involuntary consent).
The district court credited the police account after an evidentiary hearing and denied the suppression motion; Brake pleaded guilty but preserved appellate challenges to the suppression rulings.
In January 2010, a 911 call reported a man with a handgun making threats at a residence; Somersworth, NH officers responded rapidly and observed two men in baggy clothing near a red minivan.
The officers stopped and identified the men; Brake gave his name and birth date, and a pat-down uncovered a bulky object later found to be a bag containing hundreds of oxycodone pills.
Brake cooperated, the bag was opened and contents disclosed, and the district court found the stop, frisk, and consent to search were lawfully conducted; Brake appealed the suppression rulings, which the First Circuit reviews de novo on legal questions and for clear error on factual findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the stop and frisk were supported by reasonable suspicion	Brake; Brake	Brake	The stop and frisk were justified
Whether Brake's consent to reveal the bag was voluntary	Brake	Brake	Consent voluntary; not coerced

Terry v. Ohio, 392 U.S. 1 (1968) (establishes Terry stop and frisk standards and reasonable suspicion)
Camacho, 661 F.3d 718 (1st Cir. 2011) (clear-error standard; governs suppression review)
Romain, 393 F.3d 63 (1st Cir. 2004) (reasonable suspicion and case-by-case analysis)
Chhien, 266 F.3d 1 (1st Cir. 2001) (standards for voluntariness of consent)
Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (voluntariness of consent requires free and unconstrained choice)
United States v. Robinette, 519 U.S. 33 (1996) (consent need not be preceded by rights advisement)
United States v. Calderon, 77 F.3d 6 (1st Cir. 1990) (factors in voluntariness inquiry)
United States v. Perez-Montañez, 202 F.3d 434 (1st Cir. 2000) (consent and coercion considerations)
Chaney, 647 F.3d 401 (1st Cir. 2011) (consent and authority in stop/search context)
Vanvliet, 542 F.3d 259 (1st Cir. 2008) (factors for voluntariness in consent)
Jones, 523 F.3d 31 (1st Cir. 2008) (custody not alone coercive, consent can be voluntary)
Bostick, 501 U.S. 429 (1991) (consent can be voluntary without free to leave)
Wright, 582 F.3d 199 (1st Cir. 2009) (innocent explanations do not negate reasonable suspicion)
Schubert v. City of Springfield, 589 F.3d 496 (1st Cir. 2009) (officer safety and frisk justified by danger)