United States v. John William Drosten

819 F.2d 1067, 1987 U.S. App. LEXIS 7953
CourtCourt of Appeals for the Eleventh Circuit
DecidedJune 23, 1987
Docket86-3612
StatusPublished
Cited by17 cases

This text of 819 F.2d 1067 (United States v. John William Drosten) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. John William Drosten, 819 F.2d 1067, 1987 U.S. App. LEXIS 7953 (11th Cir. 1987).

Opinions

HATCHETT, Circuit Judge:

In this case, we review the district court’s application of the “inevitable discovery rule” to evidence law enforcement officers seized during the course of an unlawful entry of the appellant’s apartment. Finding no reversible error, we affirm.

FACTS

On March 13, 1986, an informant, Tea-phel McMahon, contacted the Drug Enforcement Administration (DEA) and the Jacksonville Sheriff’s Office (JSO) offering information regarding narcotics activity in exchange for assistance in entering a drug rehabilitation program. The law enforcement officers arranged for McMahon to place a telephone call to the appellant, John William Drosten, a/k/a “Colombian John,” via a telephone beeper number. McMahon made arrangements with Drosten for purchase of one ounce of cocaine that evening for $1,900.

Robert A. Walsh, a JSO detective, agreed to accompany McMahon to Drosten’s apartment so McMahon could introduce Walsh to Drosten and make the purchase using $1,900 of recorded DEA money. McMahon placed a second telephone call to Drosten [1069]*1069and discussed the possibility of a future purchase of a pound of cocaine if the scheduled evening transaction was successful. After Walsh obtained the $1,900 for the drug purchase, McMahon placed a third telephone call to Drosten advising him that they were en route to his apartment. Prior to arriving at Drosten’s apartment, and before giving McMahon the recorded DEA money, Walsh searched McMahon to ensure that McMahon did not have any money or contraband in his possession. McMahon’s girlfriend was with him from the time he contacted the law enforcement officers until McMahon and Walsh left for Drosten’s apartment.

Upon arriving at Drosten’s apartment, McMahon spoke with Donald Barrett, an individual he had previously met. Barrett told McMahon that Drosten was not at home, but to call Drosten on the beeper later. Walsh and McMahon went to a telephone booth, and McMahon placed a fourth telephone call to Drosten on the beeper.

Before McMahon went into Drosten’s apartment to complete the drug purchase, Walsh conducted a second search. When McMahon returned from the apartment, Walsh noticed that McMahon was under the influence of cocaine. Upon questioning, McMahon denied receiving any cocaine, said he had no money, and insisted that they immediately leave . the area. Walsh then conducted a third search of McMahon. During this search, Walsh found an ounce of cocaine and a smaller package of cocaine in McMahon’s possession. When Walsh noticed that they were being observed by occupants in Drosten’s apartment, by using a small transmitting unit, he told surveillance officers to move in and search the apartment. After announcing their presence, the officers entered Drosten’s apartment. They did not have a search warrant nor an arrest warrant. They placed Drosten under arrest. Donald Barrett and Howard Gray, who were inside the apartment at the time of Drosten’s arrest, were questioned by the officers.

PROCEDURAL HISTORY

A grand jury indicted Drosten charging him with one count of distribution of cocaine. Prior to trial, Drosten moved to suppress statements and evidence obtained by the officers pursuant to the warrantless entry of the apartment. A United States Magistrate held an evidentiary hearing and recommended that Drosten’s motions to suppress be granted. Over the government’s objection, the district court adopted the magistrate’s report and granted Dros-ten’s motions to suppress.

Thereafter, the government disclosed its intention of calling as witnesses Gray, Barrett, and Rubin Stone. The government also disclosed its intention to introduce the beeper and Drosten’s passport into evidence. Stone, a plumber, had leased the beeper for business purposes and had allowed Drosten, his employee, to use the beeper for personal calls on the condition that Drosten pay him the monthly lease payments.

Prior to trial, Drosten filed another motion to suppress, alleging that the testimony of the witnesses and the physical evidence which the government intended to introduce into evidence were obtained as a result of the illegal entry into his residence. The district court denied Drosten’s motion to exclude the testimony of Barrett and Gray, allowed Stone’s testimony regarding the beeper number, and granted the motion to suppress Drosten’s passport and the beeper.

The government and Drosten agreed to participate in the Omnibus Hearing Project.

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United States v. John William Drosten
819 F.2d 1067 (Eleventh Circuit, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
819 F.2d 1067, 1987 U.S. App. LEXIS 7953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-william-drosten-ca11-1987.