U.S. v. Jabara

Decision Date02 April 1980
Docket Number79-1272,79-1304 and 79-1355,Nos. 79-1095,79-1225,79-1118,s. 79-1095
Citation618 F.2d 1319
Parties5 Fed. R. Evid. Serv. 1218 UNITED STATES of America, Plaintiff-Appellee, v. Carla JABARA, John T. McClain, Earl Moore, Ella Hood, Evelyn Hatch, Curtistine Rideout, Defendants-Appellants.
CourtU.S. Court of Appeals — Ninth Circuit

Tom G. Kontos, Samuel Jackson, Los Angeles, Cal., Vincent J. Marella, Beverly Hills, Cal., Robert M. Talcott, Edward I. Gritz, Danilo J. Becerra, Los Angeles, Cal., for defendants-appellants.

Alan J. Weil, Asst. U. S. Atty., Los Angeles, Cal., argued, Andrea Sheridan Ordin, U. S. Atty., Alexander H. William III, Asst. U. S. Atty., Los Angeles, Cal., Linda C. Jamieson, U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Appeal from the United States District Court for the Central District of California.

Before CHOY, HUG and SKOPIL, Circuit Judges.

HUG, Circuit Judge:

This is a consolidated appeal from convictions on a ten-count indictment for narcotic offenses. All appellants were found guilty by the jury of conspiring to possess with intent to distribute, and to sell and distribute, heroin, cocaine, methaqualone and marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 846. The trial judge entered judgment on that count against all appellants, except Moore. As to Moore, the trial judge granted a motion for acquittal on the conspiracy count. All appellants except Hatch were convicted of various substantive counts for possession with intent to distribute and distribution of various narcotics.

FACTS

This case involves an extensive drug conspiracy, which operated from May 1974 until March 1978, centering in Southern California and extending to other states. Arrests followed an eleven-month investigation by agents of the Drug Enforcement Administration (DEA). Wiretaps, purchases of drugs by undercover agents, and physical and video surveillance were the primary tools of investigation.

The Government characterized appellant John McClain as the primary source of the drugs; he was, however, well insulated from direct contact with purchasers. Appellant Carla Jabara acted as McClain's assistant; appellants Curtistine Rideout, Evelyn Hatch and Ella Hood were the "runners." They made the actual pickup of drugs and sales to purchasers. Appellant Earl Moore was described as a secondary distributor of drugs and was involved in transactions only when McClain was unavailable.

The DEA began its investigation in April 1977; DEA special agents, John Jackson and John Peoples, negotiated with Hood and Rideout for the purchase of heroin. Sales of heroin took place on April 25, 1977 and September 16, 1977. In both transactions, undercover agents gave money to Hood to purchase heroin. Hood gave the money to Rideout, who proceeded to a house in Beverly Hills. McClain was observed at this house. Rideout returned with heroin and consummated the sale. One other attempted purchase in September 1977 failed when no narcotics were available.

Starting on August 31, 1977 DEA agents intercepted and recorded telephone conversations on Rideout's telephone pursuant to a court-authorized wiretap. The wiretap continued for fifty days. In October a thirty-day wiretap was placed on another of Rideout's phones. In addition to the wiretaps, DEA agents also conducted videotape surveillance on Rideout's residence.

Evidence was introduced at trial that on September 21, 1977 Rideout made a telephone call to Alaska. The following day Wanda Mullins traveled from Alaska to Rideout's apartment. Surveillance agents observed Rideout leave her apartment, meet with Moore, and return home. After Rideout returned, Mullins boarded a plane for Alaska. When she arrived in Anchorage she was arrested, and a quantity of cocaine was seized from her.

From November 1977 until March 1978 DEA agents conducted no undercover activity in the case, nor did they contact any of the defendants. The Government contended, however, that during this time it was analyzing approximately three thousand intercepted calls from the wiretaps on Rideout's phones.

In March 1978 DEA agents decided to reestablish contact with Rideout for the purpose of making another drug purchase. The DEA had determined, through the analysis of intercepted phone calls, that Rideout might cooperate and aid in the investigation if she were arrested. It was decided that if she sold a significant quantity of narcotics to an agent, she would be arrested. Based on this decision, agent Jackson began negotiating with her for the sale of heroin.

On March 20, 1978, as Jackson continued to work out a "deal" with Rideout, other DEA agents conducted surveillance on Jabara's apartment. One agent met with the building manager and arranged to be admitted into an apartment adjacent to Jabara's apartment. The agent told the manager that an arrest might be made that night. Later, however, the agent returned the key and stated that no arrest would be made that day.

On March 21 Rideout was arrested shortly after she sold heroin to DEA agent Jackson. Rideout had obtained the drug from Moore, who was arrested the same day. Moore had in his possession some of the recorded funds that Jackson had paid to Rideout. Moore was advised of his rights, and signed a consent to search form. A search of his apartment turned up heroin, cocaine and lactose.

Rideout was not cooperative, as the agents had hoped, and she made attempts to notify other defendants of her arrest. The DEA contacted a magistrate concerning arrest warrants for the other defendants but realized that it would require considerable time to prepare supporting affidavits, and that the other defendants might be warned in the meantime. Accordingly, an Assistant United States Attorney in charge of the investigation authorized that arrests be made without warrants.

At approximately 9:35 p. m. on March 21, agents knocked on Jabara's apartment and announced their presence. Upon being admitted to the apartment with guns drawn, the agents immediately arrested Jabara and McClain. Agents seized a number of items from the apartment, including nearly $55,000 in cash. A quantity of cocaine was discovered located in a driveway outside the apartment, four stories beneath the apartment's kitchen window. Hood was arrested later that night. No arrest warrants were obtained for the arrest of any defendant.

Two days after the arrests, DEA agents obtained a search warrant for Jabara's other apartment. Cocaine, mannite, a scale and a heat sealer were seized in the search. Those items were introduced at the trial against all the defendants.

ARGUMENTS

The appellants raise thirteen principal assignments of error. We will relate additional pertinent facts in the discussion of each issue.

1. Jabara and Moore argue that their arrests were not based on probable cause. Carla Jabara argues that there was insufficient evidence available to the arresting officer to establish probable cause. Jabara asserts three principal contentions as to why the evidence relied on by the Government did not establish probable cause for her arrest. First, she argues that the reliability of certain government informants was not demonstrated. Second, she argues that the information was stale, because the information allegedly concerned her conduct in 1975 and the arrest took place in 1978. Third, she notes that her voice was never intercepted in the wiretaps. All of Jabara's contentions are without merit. The reliability of the government informants was established by their declarations against penal interest. The information provided by Antoinette Griffin and Jeannine Collins implicated them in the crime of violating federal narcotics laws. It is well-settled in this circuit that a declaration against penal interest meets the reliability test of Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). See United States v. Damitz, 495 F.2d 50, 55 (9th Cir. 1974); United States v. Harris, 403 U.S. 573, 583-84, 91 S.Ct. 2075, 2081-82, 29 L.Ed.2d 723 (1971). A review of the record also discloses that the information the Government relied on was not stale. While Jabara contends that all the information provided to the Government involved her alleged activities in 1975, the record clearly shows that the information concerned her activities in 1975 and 1977. Thus, the information was not three years old as Jabara asserts. While Jabara correctly contends that the wiretap interceptions never recorded her voice, the fact that her voice was never intercepted does not negate the other evidence that established probable cause. Furthermore, a review of the record indicates that a wiretap interception did record conversations between Jabara's co-defendants which implicated her in the conspiracy. We conclude that there was probable cause to believe that Jabara was involved in a conspiracy to violate federal narcotics laws. See United States v. Watson, 423 U.S. 411, 431 n.4, 96 S.Ct. 820, 831, 46 L.Ed.2d 598 (1976).

Moore also contends that there was not probable cause to arrest him for participation in any illegal drug activity. Moore further contends that prior to his arrest the officers reached into his pocket and pulled out a large sum of money, which constituted an unreasonable warrantless search. A review of the record demonstrates that there was probable cause to arrest Moore for conspiracy to violate federal narcotics laws. See id. The record also indicates that the search of Moore's pocket was incident to the arrest. See United States v. Chatman, 573 F.2d 565, 567 (9th Cir. 1977).

2. Both McClain and Jabara contend that exigent circumstances did not exist at the time of their warrantless arrests at Jabara's residence at 304 S. Elm Drive, Beverly Hills. The rule is well-settled in this circuit that "absent exigent circumstances,...

To continue reading

Request your trial
53 cases
  • United States v. Torres, 83 CR 494
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • January 16, 1984
    ...address because neither of them is "an aggrieved person" within the meaning of 18 U.S.C., Section 2518(10)(a). United States v. Jabara, 618 F.2d 1319, 1326 (9th Cir.1980). This is not true of the interceptions in the Lunt Avenue apartment, even though Alberto and Jose Rodriguez do not claim......
  • US v. Bennett, Civ. A. No. 93 CR 40.
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Colorado
    • June 25, 1993
    ...was conducted pursuant to an illegal order. United States v. Picone, 560 F.2d 998, 1001 n. 4 (10th Cir.1977). See United States v. Jabara, 618 F.2d 1319, 1327 (9th Cir.), cert. denied, 449 U.S. 856, 101 S.Ct. 154, 66 L.Ed.2d 70 (1980); United States v. Kilgore, 524 F.2d 957, 958 (5th Cir.19......
  • State v. Allen
    • United States
    • Supreme Court of New Mexico
    • December 1, 1999
    ......Defense counsel had told the jurors that they were "protectors of all of us" and that "the Constitution .. says that innocent people [are not to] be convicted for things they ......
  • United States v. WARRANT AUTHORIZING, ETC., M81-18.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of New Hampshire
    • August 12, 1981
    ...orders from the office of Attorney General were not proper. The Ninth Circuit answered this question in United States v. Jabara, 618 F.2d 1319, 1327 (9th Cir. 1980). An individual or his or her counsel may request for their inspection upon filing a motion, such portions of the intercepted c......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT