Evidence keyed to Waltz
United States v. Hernandez
An informant and a DEA agent posing as his wife met the defendant in a coffee shop, during which the two testified there was talk of a cocaine transaction. The two later met the defendant at a service station and followed him to his tire shop. At that time, two packages of cocaine were presented, and the defendant was arrested on the way to the place where payment was to be made. At trial, the prosecution elicited testimony, over the defendant’s objection, from the DEA agent, that an investigation had been opened as a result of a tip from another federal agency that defendant was a drug smuggler. The testimony was reiterated and embellished during closing argument. Defendant appealed on the grounds that the testimony was inadmissible.
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