United States v. Richard Gene Johnson, Patricia Stern Maggs, Allen Eugene Vanecek, Vickie Lynette Winter, Whose True Name Is, Dawn A. Goodhead

Appellants were convicted, on stipulated facts, of conspiracy to possess a controlled substance with intent to distribute, in violation of 21 U.S.C. § 846 , and possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). They now appeal denial of pretrial motions to suppress evidence. Additionally, Good-head claims the trial court erroneously considered evidence which was not incriminating, and that such consideration was prejudicial. We find no merit in any of the points appealed.

On May 7, 1980, a Drug Enforcement Administration, (DEA), officer in Oregon notified agent Meisner of the San Diego County Integrated Narcotics Task Force, (NTF), that Richard Johnson, a suspected dealer of cocaine in Eugene, Oregon, and a companion were traveling to .San Diego. The DEA agent suspected the purpose of the trip was to purchase cocaine. He advised Meisner that Johnson had a history of violent crime and had been involved in the shooting of a police officer, and the pistol-whipping death of another person.

Meisner and four other NTF agents followed the suspects upon their arrival in San Diego. The suspects took a taxi to the area of 2169 Pine…