United States v. Morgan

581 F.2d 933 (D.C. Cir. 1978)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Officers obtained a warrant to search for illegal drugs in a single-family dwelling. It was issued upon the affidavit of Detective Mathis, stating that a reliable informant had advised him that a black male, age 22 to 24 and known as 'Timmy,' was selling drugs from inside the house. Mathis had gone to the house with the informant and waited outside while the informant made a 'controlled' buy. The officers arrived at the house at 10 p.m. to execute the warrant. They did not find Timmy but instead came across D and four other persons in the front hallway. D immediately reached in his pocket, grabbed some pink pills, threw them on the floor, and started to mash them with his foot. Twelve intact pills were recovered. They were phenmetrazine. A search of the basement resulted in seizure of seventy-seven additional such pills and $30 cash. An additional $4,280 cash was found in a fuse box, and $410 cash, found in a dresser drawer. Officers found a birth certificate for Kelsey Etheridge. At least six other persons were in the house when the police arrived. P sought to connect D with the $4,280 cash found in the basement. The owner of the house testified that she had known appellant for about two years and that he came to her home daily to feed and exercise her dogs, which were chained in the basement. She testified that with the exception of Etheridge, who used the basement bathroom, no one had lived in the basement since October 1976. D denied dropping any phenmetrazine, and claimed to have no knowledge of the drugs or money found in the basement. P tried to establish that Timmy, the owner's son, lived in the house and was selling drugs. P proffered as evidence of this fact the statements made by the informant to Detective Mathis that are contained in the affidavit supporting the search warrant. The trial judge excluded this evidence on grounds that it was irrelevant and was hearsay. D was convicted and appealed.