United States v. Sandra Elaine Smith

Sandra Smith appeals from a judgment of conviction for possession of a controlled substance (heroin) with intent to distribute ( 21 U.S.C. § 841 (a)(1)). The judgment was entered on a jury verdict in the United States District Court for the District of Nevada. The sentence was a fine of $10,-000; imposition of sentence as to imprisonment only was suspended and appellant was placed on probation for three years. We affirm the judgment of conviction.

1.

Acting on a tip from a confidential informer that appellant was in possession of heroin, Las Vegas police, at about three o’clock in the morning of March 17, 1977, at D and Harrison Streets in Las Vegas, stopped and searched without a warrant an automobile. The automobile was being driven by Lawrence Booker. Appellant Smith was in the front passenger seat.

The officers first stopped the car and took the two occupants to its rear. They then began a search. On the front seat they found a loaded pistol. Under the passenger side of the front seat they found tissue paper packets which contained what appeared to be narcotic drugs. They then told the two occupants that they were under arrest. The search was continued and after opening the…