United States v. Robert John Weaklem

Appellant Robert John Weaklem appeals from his conviction for possession with intent to distribute and conspiracy to possess with intent to distribute cocaine. His only argument here is that the cocaine, seized immediately after his arrest, should have been suppressed.

In June, 1974, Special Agent Eugene Dempsey of the Drug Enforcement Administration (DEA) in Kansas City and Gary Edison, a government informant, arranged to meet with appellant and his codefendant Dennis Wofford in San Diego to negotiate a purchase of cocaine. Upon arriving in San Diego, Dempsey and Edison met with Agent Norman Catalano of the San Diego police to plan the purchase. Dempsey then telephoned Wofford, who told him that because Dempsey and Edison had not arrived when expected, he had assumed that the deal was cancelled, but added that he would attempt to make new arrangements.

At 1:30 a. m. the next day, appellant and Wofford arrived at Dempsey’s and Edison’s motel room and drove them to appellant’s residence. There, appellant stated that things didn’t “add up” and the deal “smelled like the pigs” to him, and told Dempsey and Edison that if they were police, he would have them killed. At that…