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U.S. v. HEAD

Nos. 90-3288, 90-3442, 90-3467 and 90-3480.

927 F.2d 1361 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Dwayne E. HEAD (90-3288), Edward A. Black (90-3442), Tony F. Swanson (90-3467), Jacob Stewart (90-3480), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 18, 1991.

Attorney(s) appearing for the Case

Michael Burns (argued), Office of the U.S. Attorney, Columbus, Ohio, for plaintiff-appellee.

Terry K. Sherman (argued), Columbus, Ohio, for Dwayne E. Head, defendant-appellant.

Richard A. Cline (argued), Columbus, Ohio, for Edward A. Black, defendant-appellant.

Jeffrey Allen Berndt (argued), Columbus, Ohio, for Tony F. Swanson, defendant-appellant.

Steven S. Nolder (argued), Columbus, Ohio, for Jacob Stewart, defendant-appellant.

Before NORRIS, Circuit Judge, WELLFORD, Senior Circuit Judge, and BALLANTINE, Chief District Judge.

BALLANTINE, Chief District Judge.

In September, 1988, the Columbus, Ohio Police Department was alerted to the possibility that one-half of a duplex on East 21st Avenue in Columbus was being used for illicit drug activity. Police established surveillance and on September 14 and September 16, 1988, the police made controlled purchases of cocaine-base, commonly called crack.

About 25 minutes after the last purchase was made, a SWAT team, armed with a search warrant...

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