United States v. Anthony Bruce Johnson

Anthony Bruce Johnson (“Johnson”) appeals his conviction, following a jury trial, for possession with intent to distribute one kilogram of cocaine in violation of 21 U.S.C. § 841 (a)(1). He contends that the district court erred in denying his motion to suppress. He also contends that the district court erred in granting the government’s motion to require him to try on certain clothing if he testified.

I. Background

On January 6, 1988, the date of Johnson’s arrest, Special Agent Woessner (“Woessner”) of the United States Drug Enforcement Administration (“DEA”) and Detective Sullivan (“Sullivan”) of the Los Angeles Police Department were on routine surveillance duty at Los Angeles International Airport (“LAX”). After observing Johnson for a short period of time standing in a ticket line, the officers were of the opinion based upon their observations of him that he might be involved in ongoing narcotic/courier activity. Woessner testified that Johnson appeared to be travelling alone, was sweating and “looking around in a nervous fashion as if to evade detection” and looked directly at the officers numerous times. The officers approached Johnson, identified themselves, and asked…