United States v. Irurzun Book Reviews

United States v. Irurzun by Fifth Circuit. Unit B United States Court of Appeals Book Summary

We are again faced with the question of what more than mere presence is required to justify the warrantless arrest of a person believed to be involved in an unlawful drug transaction. Considering all of the circumstances in this case, we find probable cause for the arrest, and we affirm. Sometime prior to May 31, 1979, Drug Enforcement Agency (DEA) officers arranged to purchase two kilograms of cocaine at the Athena Restaurant, in Miami, Florida, through its owner Karobinis. On May 31, 1979, at about 4:30 p.m., DEA agents began surveillance of the Athena Restaurant. They observed the appellant, Irurzun, Garces and Karobinis, sitting at a table in the restaurant. The restaurant was closed, and Karobinis allowed persons to enter or leave by opening and then locking the only door to the establishment. The restaurant is small, consisting of one room with a back section. Undercover agent Velazco, by previous arrangement, telephoned the restaurant at about 4:45 p. m. on May 31, 1979, and talked to Karobinis, who told Velazco ""my people are here."" During the course of this conversation, Karobinis informed Velazco that he would sell cocaine at $57,000 per kilogram. Velazco told Karobinis that he would not pay that amount. Velazco could then hear Karobinis conversing with someone in the restaurant. He heard that unknown person tell Karobinis that $55,000 per kilogram would be acceptable. At about 6:00 p.m., the DEA agents on surveillance saw Garces leave the restaurant. At about 6:30 p.m., Irurzun also left the restaurant. Although the DEA agents did not see Garces return, near 7:00 p.m., they again saw Garces and Karobinis in the restaurant.

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