United States v. Leo Klein

BEEZER, Circuit Judge:

Appellant, Leo Klein, was convicted of conspiracy to distribute cocaine, under 21 U.S.C. § 846, and of possession with intent to distribute cocaine in excess of five hundred (500) grams, under 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B) (Supp. IV 1986). He was sentenced to five years imprisonment on each count, these terms to run concurrently.

Klein argues: (1) that his arrest was without probable cause and required a warrant, (2) that the search of his vehicle and “cutting open” of a package found therein required a warrant, (3) that the government failed to prove knowledge…