Collicott
United States v. Collicott
Opinion
Lead Opinion
Jones, J.
Appellant Edward P. Collicott, Sr. (“Colli-cott”) appeals from his conviction on three counts of possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841 (a)(1). We reverse and remand for a new trial.
FACTUAL AND PROCEDURAL BACKGROUND
I. The Surveillance and Arrest
On June 9, 1994, Spokane County Sheriffs Office Detectives (“Sheriffs”) began surveil *976 lance of Collieott in Spokane, Washington. That day, Collieott rented a car in Spokane under a false name. Sheriffs observed Colli-cott driving this ear, accompanied by Melauni Zaidi (“Zaidi”).
At 9:52 p.m. that evening, Collieott checked into a motel with Zaidi in Yakima, Washington, under a false name. The surveillance team rented the room next door to Collieott. At 11:52 p.m., Sheriffs observed Collieott leaving the motel in his car. The surveilling officers followed Collieott and observed him exiting a convenience store with a white plastic bag. Collieott returned to the motel at 12:35 a.m.
Collieott and Zaidi checked out of the motel at 9:00 a.m. on June 10, 1994. Although two officers testified at trial that they observed Collieott put a white plastic bag into the rear passenger area…