United States of America v. Miguel E. Pavao

Providence, Rhode Island criminal defense lawyer represented the Defendant charged with felony possession of a firearm.



During a lawful traffic stop on a public highway in Rhode Island, a local police officer smelled marijuana

emanating from the stopped vehicle. Based on the presence of marijuana and the driver's behavior, the officer concluded that he should call for backup and mount a search. While waiting for backup, the driver -- defendant-appellee Miguel E.

Pavao -- continued to exhibit peculiar behavior, including repeatedly reaching toward his waistband. After a second officer arrived, the first officer conducted a pat-down search of the defendant to ensure officer safety. The search revealed that the defendant, a person previously convicted of a felony, unlawfully possessed a firearm. See 18 U.S.C. § 922(g)(1).



As pretrial proceedings progressed, the defendant moved to suppress the firearm and all statements made during the stop and the pat-down. The district court granted the motion to suppress and later denied the government's motion for reconsideration.



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The First Circuit concluded that the officer had sufficient to justify his actions, and reversed the district court's grant of the defendant's motion to suppress.