United States v. Arthur Hobbs

Arthur Hobbs appeals his conviction based on a conditional guilty plea for possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841 (a)(1). Hobbs contends that the district court abused its discretion by precluding two defense witnesses from testifying at a suppression hearing after the witnesses violated a witness sequestration order. We have jurisdiction and we reverse.

I

Arthur Hobbs was arrested on the night of August 18, 1992 at a Los Angeles Amtrak train station. At this time, police officers searched his luggage and found a package containing what was subsequently determined to be cocaine. According to the government, Hobbs gave his consent to the search of his luggage after a brief, non-eoercive conversation with the officers and was not handcuffed or under arrest at the time of the search. To the contrary, Hobbs claims that the officers searched his luggage without his consent and only after they had already grabbed him and handcuffed him.

On September 1, 1992, Hobbs was indicted for possession with intent to distribute a controlled substance. Hobbs filed a motion to suppress, asserting that the warrantless search of his…