United States v. Jennifer J. Wysong

Appellant was indicted, tried and convicted of: (1) conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 , (2) distribution of cocaine in violation of 21 U.S.C. § 841 , and (3) possession of cocaine with intent to distribute in violation of the same section. We affirm.

THE PROCEEDINGS BELOW

On April 4, 1975, appellant moved to suppress evidence and testimony arising from her arrest and the subsequent search of her suitcase on January 8, 1975. She urged four grounds in support of her motion: (a) lack of probable cause for the arrest, (b) failure of the officer to give the notice required by 18 U.S.C. § 3109 before entry, (c) insufficient affidavit in support of the search warrant and (d) seizure of a ledger book not designated in the search warrant. Appellant did not there claim, as she does here, that the arrest was illegal because the agents failed to obtain an arrest warrant before entering her motel room.

After a full hearing, the court entered findings of fact and an order denying the motion to suppress. The items which were the subject of the motion were received in evidence during the course of appellant’s trial. Cook, a codefendant, entered a guilty…