United States v. Ismael Perez-Esparza

WALLACE, Circuit Judge:

Based upon stipulated facts before a district judge, Perez-Esparza was convicted of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). He appeals, asserting that denial of his motion to suppress evidence was reversible error. We agree and reverse.

I

On November 6, 1978, an informer, who had previously supplied Drug Enforcement Administration (DEA) agents with reliable information on 20 to 25 separate occasions, advised DEA agents that a beige 1971 Ford, with California license plates 787 — WAX, was being used to smuggle narcotics into the…