United States v. Michael Edward O'COnnOr and Charles Cary Davis
Opinion
Opinion
Boochever, J.
On April 23, 1980, Michael O’Connor and Charles Davis were indicted for possession with intent to distribute fifty-four ounces of cocaine. They filed motions to suppress the cocaine contending that it had been illegally seized from Davis. Following an evidentiary hearing, the district court granted the motion to suppress finding that government agents lacked probable cause to seize a briefcase in which the cocaine was found. The government has appealed and we reverse.
In June 1979, the Internal Revenue Service began an investigation of illegal wagering activities in Las Vegas. The investigation revealed a gambling operation involving a large number of people including David Cutter and O’Connor. On March 22, 1980, government agents, pursuant to a search warrant, searched Cutter and found a key to Room 605 of the Aladdin Hotel.
After discovering the key, the agents went to Room 605 and knocked on the door. O’Connor answered the door, but refused to allow the agents to search the room. Because the agents believed that O’Connor was conducting bookmaking activities in the room, they placed the room under surveillance.