United States v. Howard Dale Bernard, Gordon Rae Childress, Sammy Brice Brock, Roger Lee Bard, Russell Richard Cochran

The defendants-appellees are charged with conspiracy to manufacture methamphetamine, a controlled substance, in violation of 21 U.S.C. §§ 812 , 841(a)(1) and 846, and with two substantive counts relating to the manufacture and possession of methamphetamine, in violation of 21 U.S.C. §§ 812 and 841(a)(1) and 18 U.S.C. § 2 . The Government, pursuant to 18 U.S.C. § 3731 , has appealed from an order of the district court granting defendants’ motions to suppress evidence seized at the time of their arrests.

Factual Background

In October, 1977, Michael Brown, who was under arrest for manufacturing methamphetamine, told Drug Enforcement Administration (DEA) agent Michael Freder-icks that he and defendant Howard Bernard had been involved in manufacturing methamphetamine during 1977. Brown further informed Fredericks that Bernard and two other persons currently operated a clandestine methamphetamine laboratory in Uma-tilla County, Oregon, and that through a legitimate “front” business, they would be purchasing and stockpiling chemical ingredients for the manufacturing of methamphetamine sometime around March, 1978. Subsequent DEA investigation and surveillance activities corroborated…