United States v. John Edward Emery

McENTEE, Circuit Judge.

The central issue in this case, the propriety of the government’s use of an electronic beeper without a warrant, comes before us in a rather unusual factual context. On September 13, 1975, a jury found appellant guilty on a four-count indictment which charged violations of 21 U.S.C. §§ 841(a)(1), 846, 963 and 18 U.S.C. § 2. (The same jury found appellant’s codefendant not. guilty.) The crimes of which appellant was convicted all involved a quantity of cocaine which the government successfully linked to him. In order to explain the source of the government’s evidence…