United States v. Randall C. Hauser

Hauser was convicted in separate trials of conspiring to possess and distribute cocaine ( 21 U.S.C. § 846 ), distribution of cocaine ( 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A)), and possession of cocaine with intent to distribute ( 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A)), and of possession of an illegal firearm ( 26 U.S.C. §§ 5861 (d) and 5871) and possession of a firearm by a felon (18 U.S.C., Appendix, § 1202(a)). Hauser now appeals his convictions on the ground that evidence used against him at trial should have been suppressed as the fruit of an illegal warrantless entry into his home. We affirm.

I.

Hauser’s arrest and conviction arose out of a narcotics distribution scheme that was the subject of a Drug Enforcement Administration (DEA) undercover investigation. On August 11 and August 18, 1977, an undercover DEA agent made two one-ounce purchases of cocaine from Hauser’s co-defendant, one Budnick, who identified his source to the agent as “Randy.”

The DEA agent and Budnick then began negotiating a one-pound sale of cocaine. In the agent’s presence, Budnick called his source, “Randy.” The agent observed Bud-nick dial the digit “1” and then the telephone number, also…