United States v. John William Drosten

EDMONDSON, Circuit Judge,

concurring:

I concur in the court’s judgment and in most of its opinion. Unlike the majority, I believe that Mr. Gray’s identity was also inevitably discoverable; consequently, his testimony was properly allowed at trial.

Once the informant McMahon returned from defendant’s apartment without the $1,900.00, visibly under the influence of a drug, carrying an ounce of cocaine, and claiming that there was a pound of cocaine in defendant’s apartment, law enforcement agents would have surveilled defendant’s apartment until Gray came out or until the officers obtained a warrant to enter the apartment. Thus, prior to the supposedly unlawfully entry and search of defendant’s dwelling, law enforcement agents had actively embarked on an investigation that would have inevitably led to the discovery of Mr. Gray.