Table Of Content

• NARCOTICS LAW BULLETIN™ INDEX 1996 VOLUME 22 JANUARY - DECEMBER MoDth Page Abandonment Traveler denies owning luggage, Harris (NY).Sept. 2 Canine Search Defendant argues dog’s reliability should be established before sniff, Williams (TX).Mar. 5 Officers detain airline passenger’s bags for dog-sniff, Fletcher (lA).Dec. 2 Conspiracy Convicted cocaine dealer claims he was merely present at scene, Pedroza (TX).June 6 Convicted conspirator says he was just along for the ride, Mejia (FL).Oct. 7 Housekeeper present during 95-kilo delivery challenges conviction, Lopez-Ramirez (FL).July 7 Man renovating brother’s bam claims he’s not part of drug operation, Scott (lA).Jan. 2 Secretary says dmg dealing was all in a day’s work, Thompson (IL).June 5 Undercover agent and drug task force team nab three in cocaine conspiracy, DiMarzo (MA).Sept. 7 Constructive Possession Can suspect possess drugs found in house two weeks after dmg buy?, Clark (FL).Oct. 5 Deputies find dollar bill with cocaine residue on car floor, T.W. (FL).June 3 Did tape-recorded statements prove driver possessed passenger’s dmgs?, Reece (KS).Oct. 4 Jury convicts tenant who sublet apartment to cousin, Lucas (DC).Apr. 5 Publisher: E. Michael Quinlan, Esq. Managing Editor: James A. Bittker Group Editor: Jonathan Cohen, Esq. Legal Editors: Michael T. Bormso, Esq., Carol Johnson Perkins, Esq., Robin Dana O’Donoghue, Esq. Editors: Elin Dugan, Stephanie Federico. Michael Jung, Esq., Jennifer Kavanaugh The entire content of this newsletter is copyrighted by the publisher and may not be copied without prior permission. Contact Copyright Clearance Center (508) 750-8400 for permission to photocopy for internal use. Contact publisher for other reprint requests. The publisher is not engaged in rendering legal or other professional advice, and as¬ sumes no responsibility for the statements and opinions of the writers or contributing editors. Case law and statutes change without notice from time to time and are often specific to one jurisdiction only. The information herein is not intended to be. nor should it be considered, a substitute for legal or professional advice rendered by a competent attorney or other professional. If you have any questions about the application of issues raised herein to your particular situation, seek the advice of a competent attorney or other professional. This bulletin is available on microfilnt from University Microfilms International, Ann Arbor, Ml Published by QuinlSn Narcotics Law Bulletin Copyright © 1996 23 Drydock Ave., Boston, MA 02210-2387 ISSN 8755-8289 (617)542-0048 e-mail: [email protected] Page 2 — January 1996 - December 1996 N.L.B. Month Page Man leaning out back window convicted for drugs in front room, Chalmers (NY).May 2 Officers find man in boxer shorts sitting on couch next to drugs and scales, Jenkins (PA).Nov. 2 Officers search car while driver is detained blocks away, Haskins (PA)... Oct. 3 Renter claims he had no control of drugs found in home, Ponce (WA) .... Mar. 3 Suspect’s grandmother helps tie him to room where police found drugs, Simpson (KS).Nov. 3 Suspect claims drugs belonged to housemate, Buford (MO).Feb. 5 Was landlord involved in tenant’s grow operation?, Roberts (WA).Apr. 3 Delivery Suspect caught with 19 grams of marijuana, pipe, and sandwich bags, Davis (WA).Mar. 5 Distribution Agents retrieve phone numbers from electronic pager and watch, Ortiz (WI).Oct. 2 Dealer says police did not see him hand over methamphetamine, Schindler (MN).Aug. 6 Heroin buyer says he didn’t ‘use’ three-year-old in drug scheme, S.C. (NJ).July 2 Entrapment Cocaine seller says undercover agent repeatedly asked for drugs, McKinley (DC).Apr. 7 Dealer says agents made him sell crack instead of powder cocaine. Walls (DC).May 5 Undercover officer buys ‘dose’ at Grateful Dead concert. Quick (IN).May 4 Was agents’ use of confiscated marijuana in sting operation unlawful?. Pipes (TN).Oct. 8 Entry Suspect says knock and announce was required before felony drug search, Richards (Wl).Nov. 5 Evidence Answering machine messages used to convict drug trafficker, Luckett (OH).Mar. 2 Cocaine rock crumbles while in lab storage, Mayfield (GA).Aug. 8 Motel room occupant objects to search, Conway (KS).May 6 Officer grabs suspect by neck, forcing him to spit out cocaine, Montgomery (LA).May 5 Officers break down door when suspect refuses to open it, Scott (NV).... June 8 Police find gun in charged coconspirator’s car, Pickering (CT).Jan. 4 Suspected drug trafficker objects to evidence of gang membership, Sloan (OK).Mar. 2 Unable to locate female officer, male deputy frisks female drug suspect. Banshee (GA).Sept. 5 Forfeiture Are two drug sales in three weeks enough to justify forfeiting house where sales occurred?, Commonwealth (PA).Dec. 7 N.L.B. January 1996 - December 1996 — Page 3 Month Page Can government seize alleged drug trafficking funds in London banks?. All Funds on Deposit (NY).Jan. 8 Court says prosecution and forfeiture is not double jeopardy, Ursery (U.S. Supreme Court).Aug. 2 Government seizes suspect’s property then prosecutes him, McDermott (OK).Mar. 7 Should driver with small amount of cocaine in pocket forfeit car?, Katner (IN).Jan. 7 Wealthy drug dealer agrees to forfeiture as part of favorable plea, then challenges on procedural grounds. Libretti (U.S. Supreme Court).Feb. 2 Informant Can ‘citizen informant’ be presumed credible?, Dudley (FL).July 3 Cocaine conspirators claim agents relied on stale information to get warrant, Zayas-Diaz (NH).Dec. 4 Convicted drug dealer claims no probable cause for search warrant, Ledbetter (NC).Jan. 5 Suspect challenges detective’s affidavit for suspected residential grow operation, Lloyd (AK).Nov. 7 Suspect claims police failed to establish informant’s reliability, Mondolfi(NY).Mar. 4 Intent to Distribute Does possession of 6.6 grams of cocaine in four packets prove intent to distribute?, Nixon (IL).Nov. 6 Police find cocaine on ground next to stopped car, Beverly (IL).Oct. 6 Manufacture Is growing marijuana inside chicken-wire enclosures a signature crime?, Betz (MO).Aug. 5 Photo lab tips off narcotics investigators, Wright (NV).Sept. 6 Possession Car owner claims he didn’t know he gave driver cocaine, Duran (MA) ... Apr. 2 Defendant claims others had access to room where drugs were found. Andrews (GA).June 2 Detectives find crack cocaine near where suspect fell, Ballenger (SC).Sept. 2 Drug courier claims he did not know he was carrying cocaine, Collins (MO).Feb. 8 Must state test each bag of drugs to prove total drug weight?, Jones (IL).June 2 Surgeon removes bag of cocaine from suspect’s stomach, Embry (AR) ... Jan. 2 Suspect has heroin packet in digestive system and 46 empty packets nearby, Asagba (CA).July 3 Suspect throws bag of cocaine vials inside doorway. In the Interest of JJ (PA).Apr. 2 Suspects claim marijuana use is religious, Bauer (MT).Aug. 4 Religious Use Convicted dealer says he’s Reverend of the Church of Marijuana, Meyers (WY).Dec. 3 Suspects claim marijuana use is religious, Bauer (MT).Aug. 4 I Page 4 — January 1996 - December 1996 N.L.B. Month Page Sale Defendant claims he was not within 1,000 feet of school. Prosper (KS) .. June 4 Drug-addicted woman sells to undercover cop and keeps two vials for herself. Job (NY).Feb. 6 Drug dealer claims jury could not find he intentionally sold within school-zone, Denby (CT).Apr. 6 Man arrested after exchanging unidentified packages for money, Schlaich (NY).Sept. 3 Man sells undercover officer $20 bag of commeal, Carey (TN).May 3 Sentencing Courts must include weight of LSD blotter paper for mandatory sentences, Neal (U.S. Supreme Court).Aug. 3 Drug manufacturer says sentence shouldn’t be based on lab capacity, Allison (TX).Jan. 6 Growers claim seedlings and personal marijuana should not be included, Antonietti (AL).Dec. 6 Is distinguishing between crack and powder cocaine unconstitutional?, Dumas (WA).Feb. 4 Is the carrier medium included in calculating LSD weight?, Demkier (lA).Mar. 6 Must government prove drugs were D-methamphetamine?, Burt (CA) .... Aug. 7 Trafficker says court should exclude drugs he failed to produce, Tringali (IL).May 7 Supreme Court Decisions Court says prosecution and forfeiture is not double jeopardy, Ursery (U.S. Supreme Court).Aug. 2 Courts must include weight of LSD blotter paper for mandatory sentences, Neal (U.S. Supreme Court).Aug. 3 Wealthy drug dealer agrees to forfeiture as part of favorable plea, then challenges on procedural grounds. Libretti (U.S. Supreme Court).Feb. 2 Trafficking Convicted distributor says he didn’t use weapon during crime. White (MO).July 6 Is analogue-drug statute unconstitutionally vague?, McKinney (MN).July 4 Officer questions driver of car that has ‘overpowering’ cherry smell, Baron (AZ)..’.Nov. 4 Weapons Convicted distributor says he didn’t use weapon during crime. White (MO).July 6 Is shotgun with shells in storage compartment ‘loaded’?, Clark (CA).Sept. 4 'I N sI J » f I i .10.