United States v. Owsley Stanley, Robert W. Massey, William A. Spires and Robert D. Thomas

Appellants were convicted after a court trial on three counts of violating the Federal Food, Drug and Cosmetic Act for possession, manufacture and conspiracy to maufacture and sell LSD (d-lysergic acid diethylamide). A Appellant Spires was also found guilty on two counts of selling LSD during the period of the conspiracy. Each appellant was sentenced to 3 years in prison and fined $3,000. They appeal claiming a variety of errors in the proceedings below. Five contentions merit discussion. None however, require a reversal of the convictions. Necessary facts will be brought out in the discussion of the contentions of error.

I. There was No Error in the Denial of the Motion to Suppress.

Operating under a search warrant, law enforcement officers entered the premises at 69 La Espiral Street, Orinda, California. Inside the house they found what can fairly be described as a small factory for the manufacture of LSD. Several appellants found on the premises were taken into custody. Appellants contend that there was insufficient probable cause for the search and that the affidavit for the search warrant was deficient under Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723…