United States v. Joyce

693 F.2d 838 (8th Cir. 1982)

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Nature of the Case

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Facts

Undercover police officers posed as drug sellers actively soliciting major drug transactions with reputed drug dealers. Informant James Gebbie contacted D by telephone about the prospective availability of drugs for purchase in St. Louis. Gebbie informed D that cocaine was available for purchase in St. Louis. D said he had twenty-two thousand dollars and would be in St. Louis the following day, Gebbie and D agreed that twenty-two thousand dollars would be more than sufficient to purchase a pound of cocaine. Joyce flew from Oklahoma City and met Gebbie and undercover officer Robert Jones, who was posing as a cocaine seller. They went to a local St. Louis hotel, where D immediately asked to see the cocaine. Jones told D that the cocaine was not in the hotel room, but could be easily obtained if D was interested in dealing rather than merely talking. D professed his interest in dealing, Jones recited prices for various quantities of cocaine and D said that he could 'handle' a pound of cocaine for twenty thousand dollars. Jones then went to his office and obtained the cocaine. When Jones returned to the hotel room, he handed D a duct-tape wrapped plastic package said to contain a kilogram of cocaine. D immediately returned the package, stating that he could not see the cocaine. Jones then unwrapped about half of the tape covering the plastic package and handed the package back to D. D again returned the package to Jones and asked Jones to open up the package so that Joyce could examine the cocaine more closely. Jones answered that he would only open the plastic package if and when D showed the money that he intended to use to purchase the cocaine. D then replied that he would not produce his money until Jones first opened up the plastic package. Another round of show me yours first went on and Jones told D to leave and D left. D was arrested by DEA agents. A search warrant was thereafter obtained and used to search D's luggage revealing twenty-two thousand dollars in cash. D was convicted and appealed.