United States v. Bruce John Baker, United States of America v. John Stephen Bryan

This is an appeal by Bruce John Baker and John Stephen Bryan from a judgment of conviction for possession of cocaine with intent to distribute, 21 U.S.C. § 841 (a)(1) and conspiracy to distribute cocaine, 21 U.S.C. § 846 .

By this consolidated appeal the appellants put in question the validity of their arrest and the search of the trunk compartment of Bryan’s automobile, both without a warrant, and the legality of the search of a locked footlocker in the same car pursuant to a warrant. We consider those issues properly raised, but agree with the district court that they are without merit and therefore affirm.

Both appellants filed motions to suppress which were denied, whereupon they waived jury trial and were found guilty by the court. From the district court’s written opinion on the motion to suppress evidence we find that on August 17, 1976, federal agent Henley and state agent Bergman met in an undercover capacity with co-conspirators Wardley and O’Donnell at the Winery Restaurant in Foster City, California. O’Donnell sold Henley 27 grams of cocaine from a blue canvas flight bag, and informed him that he could sell him an additional four pounds which were in the possession…