United States v. Jose Hector Franco

Franco appeals from his conviction for conspiracy to possess heroin with intent to distribute and possessing heroin with intent to distribute. He contends that his arrest was not based on probable cause, and therefore all fruits of the arrest must be suppressed. We disagree.

The following facts were known at the time of Franco’s arrest: (1) Belloine, the seller, agreed to sell a quantity of drugs, but only after first checking with his source as to the price; (2) Belloine called his source at a telephone number listed at 2659 B Street; (3) Belloine and the informant then traveled to the vicinity of 2659 B Street and Belloine got out of the car; (4) Belloine and Franco were then seen conversing in the alley behind 2659 B Street; (5) Belloine then drove to the scene of the prearranged sale with Franco following in a separate car; (6) Franco parked about 100 feet from the informant’s car and watched continuously while the sale was transacted.

Franco cites United States v. Di Re, 332 U.S. 581 , 68 S.Ct. 222 , 92 L.Ed. 210 (1948), and United States v. Linnear, 464 F.2d 355 (9th Cir. 1972), as support for his contention of lack of probable cause for his arrest. Both of these cases are…