United States v. Raymond Medeiros Freitas, United States of America v. Michael E. Buster

Following a trial on stipulated facts, appellants Buster and Freitas were convicted of violations of 21 U.S.C. § 846 (conspiracy to distribute cocaine) and 21 U.S.C. § 841 (a)(1) (possession with intent to distribute cocaine). The compelling evidence in support of these convictions consisted of cocaine seized from a wicker basket found in the rear of a vehicle owned by Buster, and an additional amount seized from the inside of a piece of furniture that was stored in a rental storage space rented by Freitas. The significant question on appeal is whether this evidence was obtained illegally by the Government and should have been suppressed. The district court denied the appellants’ motion to suppress. We conclude that although the suspicions of the federal officers whose warrantless search led to the discovery of incriminating evidence were not altogether unreasonable, they did not amount to probable cause to search, and therefore we reverse.

I

FACTS

On May 29, 1980, appellants Freitas and Buster were arrested by FBI agents after they had stepped out of a Chevrolet van parked in the driveway of the residence of Elizabeth Kathleen Gray in Santa Rosa, California. Immediately…