Hector

BACKGROUND

On May 21, 2004, an officer from the Los Angeles Police Department (“LAPD”) arranged for an informant to make a 1012 UNITED STATES v. HECTOR controlled drug purchase from Hector at his Los Angeles apartment. Using a pre-identified twenty dollar bill, the infor- mant went into the apartment and purchased .49 grams of rock cocaine. Based upon this drug purchase, on May 28, 2004, the officer obtained a state court warrant to search Hec- tor’s apartment for cocaine and related paraphernalia, includ- ing currency and firearms. It is undisputed that the warrant was based on probable cause, supported by a sworn affidavit, and on its face, sufficiently particular in describing the place to be searched and the items to be seized.

On June 2, 2004, before the warrant was executed, the LAPD officers arranged for a second informant to make another controlled purchase at the same address. The infor- mant went to the apartment and purchased two pieces of rock cocaine from a man he later identified as Hector. Soon after, several LAPD officers and two federal agents knocked on the apartment door and announced themselves. Believing that they had exigent circumstances…