United States v. Lockett

919 F.2d 585 (9th Cir. 1990)

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Nature of the Case

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Facts

Police were investigating drug dealers and began to monitor the activities of D. Eventually, the police served a search warrant at a residence. They encountered D, Marcella Manning, and Carla Manning. They also discovered approximately 1,800 grams of cocaine, most of it found either in a bedroom, in a plastic bag resting on the television set, or lying on a large plate on the coffee table in the living room. Some of the cocaine was contained in 80 small baggies, resting on or alongside the coffee table. Also found in the living room was a cooking pot and seven cigarette lighters. According to Officer Brumfield, they discovered a cocaine-packaging assembly line. A leather jacket belonging to D was found in a closet. A paging device was discovered on D. At trial, Officer Foxworth testified as an expert that only persons intimately involved with a cocaine packaging operation are usually allowed at the packaging site. D objected in that Foxworth was opining as to guilt. D was convicted and appealed.