United States v. Robert Marshall, United States of America v. Dennis Eischen, United States of America v. Ronald Lee Morgan

The appealing defendants were tried, together with one Burkle, under an indictment charging them as follows: Count One, conspiring to distribute a quantity of amphetamine tablets in violation of 21 U.S.C. § 841 (a) (1); count Two, possessing amphetamine tablets with intent to distribute, in violation of the same section; count Three, appellant Morgan only, possessing amphetamine' tablets with intent to distribute, in violation of the same section. Each was found guilty under each count in which he was charged. We reverse.

1. The appeals of Eischen and Morgan, Nos. 72-3185 and 72-3186

Eischen and Morgan raise only one argument — that their motion to suppress all evidence discovered, including amphetamines and money, as the result of an entry into a house in which they were afterward arrested should have been granted. We agree.

These appeals present a distressing picture of the notions of the agents of the Bureau of Narcotics and Dangerous Drugs of the Department of Justice who were involved in the case about the manner in which they are to perform their duties and their obligations toward citizens under the Constitution, and about their behavior toward the citizens with…