United States v. Johnny Williams, Gregory Leon Murchison, Lawrence Daniels, Charged as Paul Abrams

Good Law
630 F.2d 1322
United States Court of Appeals for the Ninth CircuitOctober 6, 198079-1454, 79-1470 and 79-1561California3,525 words

Opinion

Opinion

Nelson, J.

Defendants in this case appeal their convictions for conspiracy to manufacture and attempt to manufacture the controlled substance phencyclidine (“PCP”). Five hours after border patrol agents arrested the defendants (Williams, Daniels, and Murchison), Narcotics Task Force (“NTF”) agents conducted a warrantless search of the Pace Arrow motor home that the defendants had been travelling in and another warrantless search of the white-over-red Cadillac that the defendants had also used. In both vehicles, the agents discovered raw chemicals and paraphernalia associated with the manufacture of PCP.

Defendants argue that they were arrested without probable cause and that these arrests taint the evidence found in the motor home and the Cadillac. They also contend that the evidence should have been excluded at trial because no exigent circumstances justified the failure of the Narcotics Task Force agents to obtain a warrant. In addition, defendant Murchison asserts that the evidence introduced against him shows no more than his mere proximity to illegal drugs and his mere association with those who controlled them. He argues that such evidence alone cannot support his conviction and that…

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