U.S. v. Weaklem
| Citation | 517 F.2d 70 |
| Decision Date | 21 May 1975 |
| Docket Number | No. 74-3352,74-3352 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Robert John WEAKLEM, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Before CHAMBERS, HUFSTEDLER and SNEED, Circuit Judges.
Appellant Robert John Weaklem appeals from his conviction for possession with intent to distribute and conspiracy to possess with intent to distribute cocaine. His only argument here is that the cocaine, seized immediately after his arrest, should have been suppressed.
In June, 1974, Special Agent Eugene Dempsey of the Drug Enforcement Administration (DEA) in Kansas City and Gary Edison, a government informant, arranged to meet with appellant and his codefendant Dennis Wofford in San Diego to negotiate a purchase of cocaine. Upon arriving in San Diego, Dempsey and Edison met with Agent Norman Catalano of the San Diego police to plan the purchase. Dempsey then telephoned Wofford, who told him that because Dempsey and Edison had not arrived when expected, he had assumed that the deal was cancelled, but added that he would attempt to make new arrangements.
At 1:30 a. m. the next day, appellant and Wofford arrived at Dempsey's and Edison's motel room and drove them to appellant's residence. There, appellant stated that things didn't "add up" and the deal "smelled like the pigs" to him, and told Dempsey and Edison that if they were police, he would have them killed. At that point, appellant pulled a pistol from the back of his pants and placed it on a footstool in front of him. Dempsey and Edison were searched and pieces of their identification were photographed to enable appellant to "locate them and have them killed" if it turned out that they were police. Wofford went into the bedroom and returned with a loaded carbine, which he showed to Dempsey.
Appellant then sent Wofford and April Hamlin, a third defendant, who had stayed in a rear bedroom until the identity check was completed, to get one ounce of the cocaine as a sample.
Appellant had told Dempsey and Edison that they were to stay with him until the transaction was completed so that no phone calls could be made. Since Dempsey was unarmed at this time and his location was not known to the other agents, he attempted to delay the negotiations by feigning sickness and expressing a reluctance to go through with the deal in view of the threats made upon him. Dempsey was then returned to his motel room and was later taken to the house of appellant's wife, where he was shown about eight ounces of cocaine in a brown paper sack.
Dempsey telephoned his Kansas City office under the guise of arranging for the purchase money. He advised them to communicate with agent Catalano and have the money available at the Western Union office that morning. Dempsey, Edison, and appellant then returned to appellant's house. Dempsey had one opportunity to call his office again and inform them of his location. Later, Catalano, posing as a Western Union agent, telephoned and informed Dempsey that the money had arrived. Dempsey and Wofford went to the office to pick up the funds, while Edison remained with appellant at the house. Dempsey went into the office alone and advised agent Catalano of the situation. Catalano decided that immediately after Dempsey's return to the residence, the police and federal agents who had the residence under surveillance should move in and make the arrests.
Dempsey returned to the house with Wofford and positioned himself at the rear of the living room to cut off any retreat by appellant and Wofford. About thirty seconds later, the agents knocked at the door and identified themselves. Wofford started to run to the rear bedrooms where Dempsey believed the guns had been placed. Dempsey drew his gun and ordered Wofford to stop. Edison let the other agents in the front door. Appellant and Wofford were then ordered to lie on the floor, and Dempsey asked Edison where the cocaine was located. Edison indicated a record cabinet about two to four...
To continue reading
Request your trial
-
U.S. v. Mason
...v. Baca, 417 F.2d 103, 105 (10th Cir. 1969), Cert. denied, 404 U.S. 979, 92 S.Ct. 347, 30 L.Ed.2d 294 (1971); Cf. United States v. Weaklem, 517 F.2d 70 (9th Cir. 1975) (greater search permissible before defendant handcuffed); United States v. Patterson, 447 F.2d 424 (10th Cir. 1971), Cert. ......
-
State v. Robalewski
...to a determination of the question of whether an object lies within an arrestee's immediate control. See, e. g., United States v. Weaklem, 517 F.2d 70, 72 (9th Cir. 1975); United States v. Patterson, 447 F.2d 424, 425 (10th Cir. 1971), cert. denied, 404 U.S. 1064, 92 S.Ct. 748, 30 L.Ed.2d 7......
-
U.S. v. Frazier
...conducted in the instant case. See Warden v. Hayden, 387 U.S. 294, 298-300, 87 S.Ct. 1642, 18 L.Ed.2d 782 (1967); United States v. Weaklem, 517 F.2d 70, 72 (9th Cir. 1975); Virgin Islands v. Gereau, 502 F.2d 914, 928-29 (3d Cir. 1974). The tracking device was attached to appellee's automobi......
-
U.S. v. Griffith
...courts have distinguished between the situation in which the suspect is handcuffed and those in which he is not, United States v. Weaklem, 517 F.2d 70, 72--73 (9th Cir. 1975); United States v. Patterson, 447 F.2d 424, 427 (10th Cir. 1971), cert. denied, 404 U.S. 1064, 92 S.Ct. 748, 30 L.Ed.......