United States v. John F. Trullo

BAILEY ALDRICH, Senior Circuit Judge.

In this prosecution for possession of cocaine with intent to distribute, 21 U.S.C. § 841(a)(1), the government appeals, pursuant to 18 U.S.C. § 3731, from the pretrial grant of defendant’s motion to suppress certain packets of cocaine found in a tin which deceptively appeared to be a can of Pennzoil. The facts are these. Defendant was arrested when driving with a concealed weapon on his person and his automobile was taken into custody. 1 In the course of an inventory search of the auto at the stationhouse an officer picked up the can, and by its lightness…