United States v. Daniel Stewart

AMENDED OPINION

The appellant, Daniel Stewart, appeals his conviction under 21 U.S.C. § 841 (a)(1) (1976) of possession of methamphetamine with the intent to distribute. The methamphetamine was discovered during a warrantless search of an attaché case that was taken by police from an automobile in which Stewart had been a passenger. The district court concluded that the search which produced the contraband was reasonable and Stewart’s motion to suppress was denied. We agree with the district judge’s conclusion that the search was reasonable under the facts set forth below.

During October 1976, Federal Drug Enforcement Agents began an investigation of one Spencer Marques concerning the illegal manufacture and sale of methamphetamine. Spencer’s brother, William, had been implicated in the operation, and glassware and chemicals had been observed being delivered at William’s house in Menlo Park, California. On the morning of May 23, 1977, Spencer informed an undercover D.E.A. agent that six pounds of methamphetamine were being manufactured and that the sale of the drugs to the undercover agent would occur the following day.

Also on May 23rd, William Marques was observed leaving his…