Full opinion text
MEMORANDUM OPINION AND ORDER DEVINE, Chief Judge. In October 1985 defendants Jonathan Levesque, Michael Blais, Stanley Fortier, and Stephen Milton were charged in a five-count indictment for various drug violations. Count I charged Levesque, Blais, and Fortier with possession with intent to distribute approximately 67,000 dosage units of lysergic acid diethylamide (LSD) on December 20, 1984, in Henniker, New Hampshire, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). Count II charged Levesque and Blais with possession with intent to distribute a quantity of LSD on December 27, 1984, in Londonderry, New Hampshire, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). Count III charged Fortier with possession with intent to distribute a quantity of LSD on February 21, 1985, in Nashua, New Hampshire, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). Count IV charged Levesque, Blais, Fortier, and Milton with conspiracy to possess with intent to distribute LSD in violation of 21 U.S.C. §§ 841(b)(1)(B) and 846. And Count V charged Blais with possession with intent to distribute approximately 30 dosage units of LSD on December 20, 1984, in Henniker, New Hampshire, in violation of 21 U.S.C. § 841(b)(1)(B). Defendants, individually and collectively, have made a variety of motions to suppress evidence in this case, and the Court has held a suppression hearing over the course of seven days to address the issues raised by defendants. For the following reasons, the Court finds defendants’ suppression arguments to be without merit and rules that all of defendants’ motions to suppress must be denied. As a preliminary matter, the Court assumes without deciding for purposes of this Order that all defendants have standing to raise these suppression issues. For purposes of clarity and organization, the Court’s discussion and analysis will focus on three areas: first, those motions related to the stop of defendant Fortier at the Minneapolis-St. Paul International Airport on March 18, 1984; second, those motions related to the arrest of defendants Levesque and Blais on December 20, 1984, the subsequent search of Levesque’s trailer on that day, and the search of a Londonderry, New Hampshire, storage locker on December 27, 1984; and third, those motions relating to the arrest of defendant Fortier and the search of his apartment in Nashua, New Hampshire, on February 21, 1985. 1. Motions Relating to the Stop of Defendant Fortier at the Minneapolis-St. Paul International Airport on March 18, 1981 The Court after hearing testimony from Special Agent J.J. Kramer of the Drug Enforcement Administration (“DEA”) and defendant Fortier, and after reviewing exhibits entered into evidence, finds the following facts to have occurred at the Minneapolis-St. Paul International Airport on the evening of March 18, 1984. Fortier, traveling under the name “C. Hill”, boarded a Northwest Orient Airlines flight in Boston, Massachusetts, on the afternoon of March 18,1984, destined for San Francisco, California, with stop-overs in several cities, including Minneapolis-St. Paul, Minnesota. Arriving at the Minneapolis-St. Paul International Airport at approximately 6:30 p.m., almost two hours behind schedule, the airline rescheduled Fortier for a connecting flight to San Francisco via Los Angeles to depart at 9:15 p.m. While at the Minneapolis-St. Paul Airport awaiting this connecting flight, Fortier, in negotiating a security checkpoint, attempted to conceal a white canvas athletic bag under his jacket. The agents at the checkpoint stopped Fortier and conducted both an X-ray and a physical examination of the bag, finding therein two stacks of United States currency. Fortier explained that the money constituted his life’s savings, and he was permitted to continue through the checkpoint with his bag, which he subsequently placed in a coin locker near the departure gate for his connecting flight. The security agents at the checkpoint notified the airport police department of this incident, and Officer Merle Bossman of that department in turn contacted DEA Agent Kramer, who arrived on the scene at approximately 8:30 p.m. Agent Kramer then located Fortier in a bathroom in the Main Terminal Building and took up surveillance. According to Agent Kramer, Fortier was extremely nervous, employing the bathroom mirror to see if anyone was following him. While walking on the terminal concourse, Fortier on one occasion doubled back in his tracks, and he continually turned his head from side to side. Standing in front of arrival and departure screens at one end of the terminal, Fortier kept shifting his feet in a nervous fashion. Returning to the departure area, Fortier retrieved his white canvas bag from the locker at approximately 9:05 p.m. and walked up to the check-in counter. At approximately 9:10 p.m. Agent Kramer and Officer Bossman approached Fortier at the ticket counter, displayed their badges, identified themselves as police officers, and asked if they could speak with him for a moment. Fortier responded affirmatively, and at Officer Bossman’s suggestion followed the two officers to a portable meal container situated about ten to fifteen feet from the ticket counter. Agent Kramer then asked to see Fortier’s airline ticket and some form of identification. Fortier produced his ticket coupon, but no identification. The ticket coupon indicated that it had been purchased by a Mr. “C. Hill” for $610 cash in Boston for a roundtrip flight to San Francisco, leaving on March 18, 1984, and returning on March 19, 1984. There was no baggage claim check stapled to the coupon, nor did the coupon reveal a home telephone number. Agent Kramer again asked to see some identification, but Fortier replied that he had none. Agent Kramer then asked Fortier if he was the subject of any outstanding warrants, to which Fortier replied in the negative. Agent Kramer then requested Fortier’s name, to which Fortier replied “Charles”. Agent Kramer also requested Fortier’s date of birth, address, social security number, telephone number, and type of employment. Fortier responded positively to these inquiries, and when asked for the name of someone who could verify his identity, he named his mother, Jeannette Stewart, living at 22 Mason Street, Nashua, New Hampshire, the same address at which he claimed to reside. Agent Kramer returned the airline ticket to Fortier and inquired if he was carrying any contraband or currency on his person or in his baggage. Fortier replied that he was carrying money, and Agent Kramer inquired as to the amount. Fortier initially responded that it was none of Agent Kramer’s business, but then added that he didn’t know how much money he was carrying since it did not belong to him. Agent Kramer inquired as to whom the money belonged, to which Fortier replied, “Mike Shaw, Hooksett, New Hampshire”. Fortier upon further inquiry failed to produce either a telephone number or an address for Mike Shaw. Agent Kramer inquired further as to why Fortier was carrying the money. Fortier responded that he was just a courier and that he was supposed to deliver it to someone in California, although he did not know exactly to whom. In return for this service, he claimed that he was to receive $200 plus his airfare. At this point Agent Kramer asked if he and Officer Bossman could examine and count the money in the bag. Fortier responded that he would prefer to avoid such an examination, but that he supposed it was alright. Fortier, however, made no effort to produce the money, prompting Agent Kramer to remark that he would seize the bag, tender a receipt to Fortier, and then permit him to go on his way. Appearing anxious, Fortier expressed concern about missing his flight, but was assured by Agent Kramer that he would not be delayed in catching the flight. At For-tier’s request, they moved several feet to another more private counter upon which Fortier placed the bag. He opened the bag and revealed a brown paper bag containing a clear plastic zip lock bag which contained United States currency ($15,000). Fortier then removed another quantity of United States currency ($1,545) wrapped in white paper. This white paper, according to Agent Kramer, revealed notations related to drug trafficking. As Agent Kramer was in the process of filling out a receipt for the money, Fortier started to place the money back in the bag. Agent Kramer, however, informed Fortier that he was going to seize the money, give him a receipt, and allow him to go on his way. Fortier asked why the money was being seized, and Agent Kramer replied that the money appeared to be drug related. With the money and related papers in Agent Kramer’s custody, Fortier produced a New Hampshire driver’s license revealing his true identity and signed the receipt employing his true name, “Stanley J. Fortier”. Agent Kramer explained that Fortier or the true owner of the money could retrieve the currency by contacting the United States Attorney in Minneapolis, Minnesota. Fortier then left to catch his flight to San Francisco, California. Defendants Fortier, Levesque, and Blais have moved to suppress the evidence taken from Fortier by law enforcement personnel at the Minneapolis-St. Paul International Airport on March 18, 1984, on the ground that the evidence was seized in violation of the Fourth Amendment. Fortier has also moved to suppress all statements made that night on the ground that his detention violated the Fourth Amendment, the statements were involuntary, and he was subject to custodial interrogation and was never apprised of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Additionally, defendant Blais has moved to suppress the statements made by Fortier that night on the ground that admission of such statements would violate his right to confrontation. For the following reasons, the Court finds no constitutional infirmities in the actions of the law enforcement officers on the night of March 18, 1984, at the Minneapolis-St. Paul International Airport, and rules accordingly that defendants’ motions to suppress must be denied. Defendants’ claim that Fortier was subject to an unreasonable search and seizure in derogation of the Fourth Amendment is found to be without merit. In analyzing this claim, the Court must first determine whether or not defendant Fortier was in fact seized, and if so, whether such seizure was impermissible under the Fourth Amendment. The United States Supreme Court has held that a person is seized in constitutional terms only when a law enforcement officer “by means of physical force or show of authority, has in some way restrained the liberty of a citizen” so that he is not free “to walk away”. Terry v. Ohio, 392 U.S. 1, 16, 19 n. 16, 88 S.Ct. 1868, 1877, 1879 n. 16, 20 L.Ed.2d 889 (1968). The Court elaborated further in United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 1877, 64 L.Ed.2d 497 (1980), wherein Justice Stewart wrote that a person is seized for purposes of the Fourth Amendment “only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” It is well established, however, that not all police contacts with citizens are deemed seizures within the meaning of the Fourth Amendment. As noted by Justice Stewart in United States v. Mendenhall, supra, 446 U.S. at 555, 100 S.Ct. at 1877, which did involve an unreasonable seizure at an airport, The respondent was not seized simply by reason of the fact that the agents approached her, asked her if she would show them her ticket and identification, and posed to her a few questions. Nor was it enough to establish a seizure that the person asking the question was a law enforcement official. The Court in Florida v. Rodriguez, — U.S. -, 105 S.Ct. 308, 310, 83 L.Ed.2d 165 (1984), reaffirmed that officers do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place, by asking if the person is willing to answer some questions, and by questioning the person if he or she is willing to listen. Such an encounter is plainly consensual in nature and without Fourth Amendment implication. See, e.g., Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983). The Court herein finds that the initial approach and questioning of defendant Fortier by Agent Kramer and Officer Boss-man on March 18, 1984, was not a seizure within the meaning of the Fourth Amendment. Agent Kramer upon approaching Fortier at the ticket counter simply identified himself as a police officer and asked if he might answer some questions. Fortier agreed to this questioning, and they all moved several feet to one side of the ticket counter. There was no show of force by Agent Kramer and Officer Bossman during this initial encounter, and Fortier’s testimony that he was taken physically by the arms is without credibility. Fortier’s liberty was not restrained simply because Agent Kramer examined and returned his airplane ticket and requested some form of identification and verification thereof. Although Fortier was not informed that he was not under arrest and that he was free to leave, a reasonable person would have felt free to leave at that point. There was, accordingly, no seizure during the initial questioning of Fortier. See, e.g., United States v. Borys, 766 F.2d 304, 310-11 (7th Cir.1985); United States v. Manchester, 711 F.2d 458, 460 (1st Cir.1983); United States v. Regan, 687 F.2d 531, 535-36 (1st Cir.1982). The Court finds, however, that a seizure of Fortier did occur after the preliminary questioning had ceased. After Agent Kramer inquired as to whether For-tier was carrying any contraband or currency and indicated that the money in For-tier’s bag would be seized as drug related, an atmosphere of restraint existed in which a reasonable person would not have felt free to leave. The First Circuit Court of Appeals in United States v. Berryman, 717 F.2d 651, 656 (1st Cir.1983), cert. denied, 465 U.S. 1100, 104 S.Ct. 1594, 80 L.Ed.2d 125 (1984), has in fact found a seizure to have occurred in an airport stop where there was a prolonged interrogation and the defendant was confronted with the suspicion of drug trafficking. The Court’s next query, accordingly, is whether the seizure was unreasonable and thus violative of the Fourth Amendment. As the United States Supreme Court has articulated in Florida v. Rodriguez, supra, 105 S.Ct. at 310: Certain constraints on personal liberty that constitute ‘seizures’ for purposes of the Fourth Amendment may nonetheless be justified even though there is no showing of ‘probable cause’ if ‘there is articulable suspicion that a person has committed or is about to commit a crime.’ Florida v. Royer, 460 U.S. 491, 498, 103 S.Ct. 1319, 1324, 75 L.Ed.2d 229 (opinion of WHITE, J.). Such a temporary detention for questioning in the case of an airport search is reviewed under the lesser standard enunciated in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), and is permissible because of the ‘public interest involved in the suppression of illegal transactions in drugs or of any other serious crime,’ Royer, 460 U.S. at 498-499, 103 S.Ct., at 1324-1325. The standard as enunciated in Terry v. Ohio, supra, 392 U.S. at 21, 88 S.Ct. at 1880, provides that a seizure is justified only where a law enforcement agent can “point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” In determining whether there is a justified seizure, the Court must view the circumstances attending the seizure in their entirety and give due weight to the experience of the law enforcement personnel involved. United States v. Cortez, 449 U.S. 411, 418, 101 S.Ct. 690, 695, 66 L.Ed.2d 621 (1981). In the instant case, the Court finds that there were specific and articulable facts which taken together with rational inferences from those facts reasonably warranted the investigative detention herein. First, Agent Kramer knew that Fortier had attempted to conceal his bag under a jacket while passing through a checkpoint. Second, he knew that Fortier was extremely nervous, constantly looking about to see if he was under surveillance. According to Agent Kramer, Fortier was the most nervous individual he had ever observed during his years of work at the Minneapolis-St. Paul International Airport. Third, Fortier’s airplane ticket was purchased in cash, for a two-day coast-to-coast excursion, revealed no baggage claim slips nor an address or phone number for the named holder “C. Hill”. And fourth, “C. Hill”, Fortier, did not produce any identification upon Agent Kramer’s request. These facts clearly warrant a reasonable suspicion that Fortier was in possession of ill-gotten money, thereby justifying the minimal intrusion upon his liberty. The Court also finds that the investigative detention was properly limited in scope and duration. Fortier was detained for the sole purpose of verifying or dispelling Agent Kramer’s and Officer Boss-man’s suspicion that drug trafficking money was contained in Fortier’s shoulder bag. Such verification represents a legitimate and substantial government interest. Florida v. Royer, supra, 460 U.S. at 498-99, 103 S.Ct. at 1324-25. Moreover, the length of detention was extremely brief, lasting approximately ten minutes, and Fortier was reassured by Agent Kramer that he would not, in fact, miss his scheduled flight. The degree of intrusion was justified herein, and Fortier’s right to be free from unreasonable seizure was not violated. Fortier raises the related argument that even if he personally was not subject to an unconstitutional seizure, his shoulder bag was the subject of such an unconstitutional search and seizure. The United States Supreme Court in United States v. Place, 462 U.S. 696, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983), examined the issue of when luggage might be permissibly detained by law enforcement officers, and concluded that when an officer’s observations lead to a reasonable belief that the traveler is carrying luggage containing contraband, the principles of Terry v. Ohio, supra, 391 U.S. 1, 88 S.Ct. 1868, will permit an officer to detain the luggage that contains the contraband and to briefly investigate the circumstances which gave rise to the suspicion, provided that the investigative detention is properly limited in scope. See, e.g., United States v. Regan, supra, 687 F.2d at 538 (“[s]uspects may be stopped and their bags briefly detained on the basis of reasonable suspicion”). The Court finds in the instant case that Fortier’s shoulder bag was not in fact seized. A seizure of property occurs when there is some meaningful interference with an individual’s possessory interest in that property. See United States v. Jacobsen, 466 U.S. 109, 104 S.Ct. 1652, 1656 & n. 5, 80 L.Ed.2d 85 (1984). The facts as discussed above reveal the absence of a meaningful interference with the shoulder bag where Fortier consented to opening the bag as well as removing the money. However, even assuming for purposes of argument that the shoulder bag was the subject of an investigative detention, there were sufficient articulable facts to justify the detention. Fortier had attempted to surreptitiously pass the bag through a security checkpoint; he exhibited a high level of anxiety while in the airport; his ticket was for a two-day round trip coast-to-coast flight, paid for in cash, without baggage claim slips; he refused to produce identification; he admitted that he did not own the money in the bag, but was simply functioning as a courier; he could not provide the address for the alleged owner of the money; and he could not identify the person to whom he was delivering the money. These facts more than justified the minimal ten-minute detention of the shoulder bag. The Court finds further that Agent Kramer’s remark that should he be unable to examine the bag he would seize it, provide defendant Fortier with a receipt, and allow him to go on his way, did not vitiate Fortier’s consent to reveal the currency. See, e.g., United States v. Borys, supra, 766 F.2d at 314 (agent’s statement that search warrant would be procured absent defendant’s consent, by itself, insufficient to invalidate consent). As discussed in United States v. Borys, where a defendant consented to a search of a briefcase, [t]he agents had adequate cause to detain the luggage, albeit only for a brief period of time, so that their demand that [defendant] either consent to the search of the briefcase or leave it with them was legitimate. [Defendant] cannot argue that his consent was coerced merely because the agents had adequate grounds to insist they be allowed to retain the briefcase for a short period of time. Id. at 314-15. Had Fortier in fact relinquished possession of the bag, Agent Kramer testified that it would have been subjected to examination by a narcotics sniffing dog, and had the dog been alerted by the bag, Agent Kramer would have attempted to procure a search warrant, while had the dog not been alerted by the bag, it would have been returned unopened to Fortier. Accordingly, even assuming that the shoulder bag was seized and subject to an investigatory detention, such detention was justified by reasonably articulable facts, and the removal of the money from the bag was done voluntarily by For-tier. The actions of Agent Kramer and Officer Bossman were not therefore violative of the Fourth Amendment. Fortier also seeks to suppress the statements that he made at the Minneapolis-St. Paul International Airport, claiming that such statements were, first, the result of a violation of his Fourth Amendment rights; second, were involuntary; and third, were obtained while he was subject to a custodial interrogation, having never been informed of his rights under Miranda v. Arizona, supra, 384 U.S. 436, 86 S.Ct. 1602. The Court finds these claims to be without merit for the following reasons. It is well established that if there has been an illegal search and seizure, any statements derived immediately therefrom are the “fruit” of the illegality and are thus inadmissible. Wong Sun v. United States, 371 U.S. 471, 485-87, 83 S.Ct. 407, 416-17, 9 L.Ed.2d 441 (1963). Conversely, where there has been no illegal search and seizure, as in the instant case, there is no “poisonous tree” from which tainted “fruit” may be harvested. Statements given during and after a permissible investigative detention are therefore not subject to suppression under Wong Sun v. United States, supra, and the Court rejects this argument for suppression of the statements. It is also well established that to be admissible, statements by a defendant must be voluntary. This requirement is drawn both from the right against self-incrimination and from standards of due process. Michigan v. Tucker, 417 U.S. 433, 94 S.Ct. 2357, 41 L.Ed.2d 182 (1974). In determining whether a statement is voluntary, the Court will examine the totality of the circumstances under which the statements were given by a defendant. Mincey v. Arizona, 437 U.S. 385, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978); Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). Voluntariness means that the statement was a product of a rational intellect and free will. Blackburn v. Alabama, 361 U.S. 199, 80 S.Ct. 274, 4 L.Ed.2d 242 (1960). Examining the totality of the circumstances in this case leads the Court to the conclusion that Fortier’s statements to Agent Kramer and Officer Bossman were voluntary. First, the encounter between the law enforcement personnel and defendant was extremely brief, lasting approximately ten minutes. Second, Fortier was not arrested or physically restrained by Agent Kramer and Officer Bossman. And third, there was no show of force or overbearing authority by Agent Kramer and Officer Bossman which would constitute impermissible coercion. The Court is not aware of any caselaw to support the proposition that statements given during the course of a justified investigative detention are to be deemed involuntary. The Court accordingly rejects this argument for suppression. Fortier lastly argues for suppression on the ground that he was never informed of his Miranda rights while subject to a custodial interrogation. It is a well established rule that the Fifth Amendment requires the exclusion of any statements made by an accused person during custodial interrogation unless he has been advised of his right to remain silent and to have an attorney present during questioning and the accused has voluntarily waived those rights. Miranda v. Arizona, supra; United States v. Porter, 764 F.2d 1, 6-7 (1st Cir.1985). After reviewing the facts in the instant case, the Court finds that Fortier was not in fact in “custody” for purposes of Fifth Amendment protection on the night of March 18,1984, and thus finds this argument to be without merit. The United States Supreme Court most recently had the opportunity to address the issue of custodial interrogation in California v. Beheler, 463 U.S. 1121, 103 S.Ct. 3517, 77 L.Ed.2d 1275 (1983), wherein the Court held that Miranda warnings were not required where the defendant, although a suspect, was not placed under arrest and voluntarily came to the police station and was allowed to leave after a brief interview. The Court noted that: We held in Miranda that ‘[b]y custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.’ 384 U.S. at 444, 86 S.Ct. at 1612 (footnote omitted). Although the circumstances of each case must certainly influence a determination of whether a suspect is ‘in custody’ for purposes of receiving Miranda protection, the ultimate inquiry is simply whether there is a ‘formal arrest or restraint on freedom of movement’ of the degree associated with a formal arrest. [Oregon] v. Mathiason, 429 U.S. at [492] 495 [97 S.Ct. 711 at 714, 50 L.Ed.2d 714], Id. at 1123-25, 103 S.Ct. at 3519-20. In the instant case it is undisputed that Fortier was never formally arrested. Moreover, Fortier was never deprived of his freedom of action in any significant way. Although Agent Kramer examined his airline ticket, it was returned to him. Fortier was reassured that he would be able to board his scheduled flight. Agent Kramer and Officer Bossman never exhibited force, either physical or symbolic, in their encounter with Fortier. And on more than one occasion Fortier was informed that he would be permitted to leave. The circumstances in this case fail to reveal a restraint on freedom of the degree associated with a formal arrest. Accordingly, where a person is questioned in a noncustodial setting, Miranda protections are unwarranted, and statements made thereat are not subject to suppression. Lastly, defendant Blais has made a motion in limine to exclude the statements that Fortier made to Agent Kramer to the effect that he was just a courier, the money was not his, and that it belonged to “Mike Shaw” of Hooksett, New Hampshire (an alleged alias for Michael Blais). Blais claims that these statements do not fall within the co-conspirator hearsay exception described in Rule 801(d)(2)(E), Fed.R.Evid., because they were not made “in furtherance of the conspiracy”, and thus his right to confrontation would be violated if these statements were admitted. Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968). The Court, however, finds that Fortier’s statements were made in furtherance of the conspiracy, the hearsay exception applies, and thus there is no Bruton violation. Dutton v. Evans, 400 U.S. 74, 80, 91 S.Ct. 210, 215, 27 L.Ed.2d 213 (1970). The fact that Fortier spoke in response to questions from government agents does not negate his purpose to further the conspiracy where he gave this information in a noncustodial setting so that he would be allowed to go on his way, he was in fact allowed to leave, and the alleged conspiracy continued for almost another year. See United States v. Fahey, 769 F.2d 829, 838-39 (1st Cir.1985) (exculpatory statements knowingly made to federal agent made in furtherance of conspiracy); see, e.g., United States v. Warren, 578 F.2d 1058, 1074-75 (5th Cir.1978); United States v. Diez, 515 F.2d 892, 898-99 (5th Cir.1975). Although Bruton does not apply where a statement falls within the co-conspirator exception, possible confrontation clause infirmities might still be present, and the reliability of a co-conspirator’s statements must therefore be examined on a case-by-case basis. United States v. Fahey, supra, 769 F.2d at 839. To determine if a co-conspirator’s statement had the requisite degree of reliability, the Court should examine such factors as whether or not the statements were made in a coercive atmosphere, whether they were crucial to the government’s case, and whether they were buttressed by other facts on the same matter. Id. at 840. In this case, defendant Fortier’s statements did have the requisite indicia of reliability; hence their admission into evidence would not implicate the confrontation clause. As discussed above, the statements were not given in a coercive atmosphere since Agent Kramer and Officer Bossman exerted neither physical nor psychological force over Fortier while at the airport. Nor was the remark that the money seized belonged to “Mike Shaw” of Hooksett, New Hampshire, so crucial to the government’s conspiracy case where defendant Blais was already implicated in the distribution of LSD with defendant Levesque in New Hampshire. The connection between Blais and the conspiracy to distribute LSD is amply buttressed by the following facts: he had been involved with Levesque in a Massachusetts arrest in the summer of 1984 involving large quantities of LSD; he had been arrested on December 20, 1984, in Henniker, New Hampshire, with Levesque, and subsequently large quantities of LSD were discovered in the trailer inhabited by Levesque; and other inculpatory evidence had been seized from that trailer, including a cassette tape recording of several defendants discussing their drug transactions. Accordingly, the Court rejects Blais’ challenge to the admission of Fortier’s statements made at the Minneapolis-St. Paul International Airport on March 18, 1984. The Court, in light of the above discussion, rules that defendants’ motions to suppress both statements made by and evidence seized from defendant For-tier at the Minneapolis-St. Paul International Airport on March 18, 1984, must be and herewith are denied. 2. Motions Relating to the Arrest of Defendants Levesque and Blais on December 20, 1984; the Subsequent Search of Levesque’s Trailer on That Day; and the Search of a Londonderry, New Hampshire Storage Locker on December 27, 1984. The Court after hearing testimony from DEA Agents Allan Keaney and Gerald Graffam, New Hampshire State Trooper Richard Gerry, New Hampshire State Police Detective Sergeant Henry Carpenito, defendants Levesque and Blais, and Jane Connor, and after reviewing the exhibits entered into evidence, finds the following facts to have occurred in Henniker, New Hampshire, on December 20, 1984, and in Londonderry, New Hampshire, on December 27, 1984. Federal and state officers have been participating in an ongoing investigation of LSD distribution in New Hampshire and Massachusetts since at least 1981. Although others were involved, this investigation was focused on defendants Levesque and Blais. Levesque was a fugitive from state charges in Merrimack County relating to a 1981 charge of possession of over 4,000 dosage units of LSD, and he was a fugitive from the Commonwealth of Massachusetts on charges of possessing approximately 14,000 dosage units of LSD in June 1984. Blais was similarly the subject of a capias from Massachusetts for his failure to appear after making bail on the same June 1984 charges, and there was a warrant for him from the Manchester District Court relating to a 1981 case involving the sale of LSD to an undercover state trooper. At approximately 8:30 a.m. on December 20, 1984, Agent Keaney was driving northbound on Interstate 93 near Manchester, New Hampshire, when he observed a brown and black 1970 Plymouth automobile, Registration No. 25687B, traveling slowly in the righthand lane. Agent Keaney recognized this vehicle as one registered to Carl Connor, a person known to Agent Keaney as an LSD dealer in Manchester. Agent Keaney recognized Carl and Chris Connor in the front seat, but did not at that time identify the third passenger. The Connors are the brothers of Jane Connor, Levesque’s common-law wife, and Levesque was reputed to be Carl Connor’s source for LSD. Agent Keaney had previously seen this vehicle while on surveillance of LSD distribution activities, and it was also used to take Jane Connor home from the Concord Hospital after the birth of her and Levesque’s second son in September 1984. Hoping that it would lead him to Levesque and Blais, Agent Keaney followed this vehicle until it turned into the entrance of the Mile-Away Campground (“Mile-Away”) in Henniker, New Hampshire. Rather than pursue them by himself, Agent Keaney went to a nearby phone and requested that Agent Graffam and Trooper Gerry join him in Henniker. The other officers arrived at about 11 a.m., and all three undercover officers then proceeded in an unmarked vehicle to the Mile-Away. Just as they were driving into the campground, a brown International Scout was exiting. In the Scout were the same three people who had previously entered the campground in the Plymouth, and in addition, Agents Keaney and Graffam both recognized the front seat passenger to be Jonathan Levesque. The officers continued a short distance into the campground, turned around, and began following the Scout. After a short time, they caught up so that they could see the license plate, which was NH Registration No. 24311B. Trooper Gerry radioed to the state police headquarters and was told that this vehicle was registered to Brian Farnsworth of 22 Mason Street, Nashua, New Hampshire. This information was significant to the DEA Agents in that 22 Mason Street was the residence of Stanley Fortier, a person known to be involved with Levesque and Blais. Brian Farnsworth’s name had also come up in the Nashua Police Department’s investigation of Fortier and Levesque. While on Route 114 in Henniker, the occupants of the vehicle started turning around and looking out the back window. Shortly thereafter, the Scout made a left-hand turn into an inclined private driveway. Based on their identification of Levesque, the officers felt it would be an opportune moment to stop the vehicle, arrest Levesque, and identify the other occupant. They pulled their vehicle up behind the Scout, exited, identified themselves as police officers, and drew their weapons as they approached the Scout. Carl Connor, who was driving, attempted to speed up the incline, but it was too slippery, and the wheels just spun. Connor turned off the ignition, and the occupants were instructed to exit the vehicle. Still remaining in the back of the Scout was a large Rottweiler dog. As they were exiting the vehicle, one of the occupants, later identified as Michael Blais, broke away and ran up the driveway and behind the house. He was pursued by Trooper Gerry, who tackled him within a short distance. Trooper Gerry handcuffed Blais and patted him down for weapons. Meanwhile, Agents Graffam and Keaney handcuffed the Connors and Levesque, patted them down for weapons, and placed them in a prone position. Agent Keaney then went behind the house and assisted Trooper Gerry in returning with Blais. No weapons were found on any of the defendants, and no further searches of their persons or effects were conducted at the scene. Upon Blais’ return to the Scout, the other defendants were permitted to stand, and all four were read their Miranda rights. Each defendant was individually asked if he understood his rights, and all indicated that they did. Levesque made numerous statements to the officers, both before and after he was read his rights. Levesque was apparently angry that Chris and Carl Connor were being detained at all; he stated that they were only helping him search for an apartment, and he kept asking that they be released since it was only he who was wanted. Levesque was also upset that he and the Connors were placed in a prone position after Blais fled, and he protested, “I’m an LSD dealer, not a murderer.” • After Levesque stated that the Connors were helping him look for an apartment, Agent Keaney asked where Levesque’s family was, and he answered that they were in California with Jane’s mother. With the exception of this answer about his family’s whereabouts, all of Levesque’s statements were volunteered, and were not in response to questioning. The defendants were transported to the Henniker Police Station for processing. The Scout was not searched at this time because the Rottweiler was still in the back and there were four individuals in custody requiring immediate attention. Trooper Gerry secured the vehicle and arranged to have it towed to a nearby service station since it was blocking a private driveway. All of the defendants were searched more thoroughly at the police station, and some contraband was found. A quantity of marijuana was taken from Levesque, two dosage units of LSD were found on Carl Con-nor, and 30 dosage units of LSD were discovered loose in the pocket of Blais’ sweatshirt by Agent Keaney. Chris Con-nor had no contraband, and he was not charged with anything. About one hour after they were initially brought to the station, Chris Connor was released, and he and Trooper Gerry returned to the Scout. No one had entered the Scout since the defendants were removed. After Connor controlled the Rottweiler, Trooper Gerry searched the vehicle. In a five- to ten-minute search, the only item seized was a small black notebook from the floor of the back seat. It was what the officers called a “drug ledger”, and it contained references to dosage units in Henniker. Shortly after transporting Levesque, Blais, Carl Connor, and Chris Connor to the Henniker Police Station for processing, Agents Keaney and Graffam, along with Henniker Police Chief Hassler, returned to the Mile-Away for further investigation. Proceeding to the campground’s office, the agents spoke with a woman affiliated with the campground and inquired if she had any knowledge about the two vehicles involved in that day’s arrest, specifically the Plymouth automobile, NH Registration No. 25687B, and the brown International Scout, NH Registration No. 24311B. The woman indicated that those vehicles and the individuals apprehended had been associated with the trailer at Lot 77. The agents then drove past Lot 77 and observed the brown and black Plymouth observed earlier that morning by Agent Keaney on Route 93 parked across from Lot 77 with footprints leading between the automobile and the trailer. Returning to the campground office, Agent Keaney asked a young male employee of the Mile-Away if he would find out if anyone was in the trailer at that time. The employee, on the pretext of checking the trailer’s water hook-up did so investigate and informed Agent Keaney that an adult female and a small child were in the trailer. Agent Keaney then phoned Lieutenant Brown at the Henniker Police Station, relayed these new facts, and indicated that he was going to secure the trailer in anticipation of a search warrant. The Court notes that the trailer on Lot 77 was approximately thirty feet in length and ten feet in width. It was a “fifth wheel” trailer subject to movement only when attached to a pickup truck, which in this case was parked several feet from the trailer. The trailer was jacked up at one end by several cement blocks and a piece of lumber. The trailer served as the primary residence of Jane Connor and her common-law husband, defendant Levesque, as well as their two children. The trailer was attached to water, sewage, and electricity at hookups provided by the Mile-Away. In order to prepare the trailer for travel, it would be necessary to disconnect the utility hookups, remove the stabilizing cement blocks, jack up the front end of the trailer, move the truck underneath the trailer, and attach the trailer to the truck. As situated on December 20, 1984, this preparation would take approximately three-quarters of an hour. Upon learning that a woman and child were in the trailer, Agent Keaney and Chief Hassler approached the trailer and knocked on the door, which was subsequently opened by a young woman. Agent Keaney inquired as to her identity, and the young woman replied she was Jane Con-nor. Agent Keaney then identified himself and explained that four people associated with the trailer had just been arrested and that he was going to secure the trailer. Jane Connor replied that they could not search the trailer without a search warrant and attempted to close the door. Agent Keaney, however, blocked the door with his foot and told Jane Connor that it was within his authority to secure the trailer until a search warrant could be obtained. Agent Keaney then informed Jane Connor that the agents would remain inside the trailer with her until the warrant was issued or if she decided to leave with her children, the agents would leave also and the trailer would be secured by posting a law enforcement officer outside the trailer. Jane Con-nor opted for the latter alternative and asked if she could dress her two children prior to departing. Agent Keaney permitted this, but followed her inside the trailer to ensure that she would not destroy any evidence. After dressing the children, she declined an offer of transportation from Agent Keaney and left the premises on foot. The trailer was then secured from the outside. At no time during this period was the trailer searched. Agents Keaney and Graffam and Chief Hassler then returned to the Henniker Police Station. Detective Sergeant Henry Carpenito was called to the Henniker Police Station at approximately 1:00 p.m. on the afternoon of December 20, 1984. While there, and with the assistance of Agents Keaney and Graffam, Sergeant Carpenito prepared a search warrant application with supporting affidavits for the trailer at Lot 77. Shortly after 5:00 p.m. that evening, Sergeant Carpenito arrived at Judge Douglas Hatfield’s office in Hillsboro, New Hampshire, and presented the judge with the application and affidavit for the search warrant. A search warrant was subsequently issued by the judge for the trailer on Lot 77 at the Mile-Away, and at approximately 5:45 p.m. the search was initiated. Seized from the trailer, among other items, was $38,780 in United States currency, an UZI-type sub-machine gun, various quantities and types of LSD, including 56,000 dosage units of white tablets in 14 clear plastic packets, a set of keys, and a rental agreement for use of a commercial storage locker with Arrow Self Storage in Londonderry, New Hampshire. On December 27, 1984, Agent Graffam called Arrow Self Storage and spoke with the owner/manager concerning the locker referenced in the agreement seized in the trailer search of December 20. The owner informed Agent Graffam that the storage space referenced in the agreement had been rented to a “Scott Kittle”, 210 Hollis Street, Nashua, New Hampshire, who was employed by Wright Way Survey in Manchester, New Hampshire. The owner also informed Agent Graffam that “Scott Kittle”, whose description matched that of defendant Levesque, left the name, address, and telephone number of a person in Nashua, New Hampshire, who could be contacted in case of emergency. Agent Graffam attempted to verify all this information, but discovered that the names, places, and telephone numbers utilized in renting the storage locker were either fictitious or inaccurate. In addition, Trooper Gerry visited Arrow Self Storage on December 27, 1984, and confirmed that one of the keys seized from the trailer on Lot 77 at the Mile-Away did in fact fit the lock on the referenced storage locker. Later on December 27, 1984, Sergeant Carpenito was called to Londonderry to assist Agent Graffam and Trooper Gerry in the preparation of a search warrant application and supporting affidavit for the storage locker. This application was presented to Judge Lawrence Warhall, who issued the search warrant for the storage locker that evening. The search was initiated at approximately 7:30 p.m. Seized from the locker were two license plates from a motor vehicle registered to Carl Connor (a vehicle in which Agent Graffam had previously purchased 500 dosage units of LSD in 1983), a license plate and inflatable boat registered to Carl Connor, and approximately 12,000 dosage units of microdot LSD. Levesque and Blais have filed various motions to suppress items seized and statements made during their arrest and the subsequent search of their persons and the Scout on December 20, 1984. Levesque claims that any statements he made at the time of his arrest should be suppressed because they were made while in custody and either before he was advised of his Miranda rights or after his rights were explained to him but without his knowing and intelligent waiver of those rights. Levesque also seeks to suppress the notebook seized from the Scout, claiming that the warrantless search of the vehicle was improper in the absence of exigent circumstances. Defendant Blais similarly seeks to suppress the notebook seized from the Scout on the alternative ground that there was either no probable cause to originally stop the vehicle or that the warrantless search of the Scout was improper since it was not conducted incident to arrest or pursuant to an inventory procedure and there was no probable cause. Finally, Blais seeks to suppress the 30 dosage units of LSD seized from his sweatshirt pocket, claiming that they were not there at the time of his arrest, but were actually planted in his sweatshirt by government agents. For the following reasons, the Court finds these arguments to be without merit and accordingly denies these motions. The stop of the International Scout was proper under the circumstances. In United States v. Hensley, - U.S. -, 105 S.Ct. 675, 83 L.Ed.2d 604 (1985), the Supreme Court held that an investigative stop of a motor vehicle is proper where law enforcement officials have a reasonable, articulable suspicion that an occupant of the vehicle has been involved in or is wanted in connection with a completed felony. In Hensley, the officer making the investigatory stop did so on the basis of another police department’s “wanted flyer” indicating that the defendant was wanted for investigation of an aggravated robbery, although the officer was unable to determine whether a warrant was outstanding for Hensley’s arrest. The facts surrounding the stop in the instant case are even more compelling. Agents Graffam and Keaney both knew there were outstanding warrants for Levesque’s arrest from the State of Massachusetts and Merrimack County, New Hampshire, and they had positively identified Levesque as the front-seat passenger. They clearly had a reasonable articulable suspicion that an investigatory stop of the Scout would produce a wanted felon. The agents’ actions subsequent to this legitimate, investigatory stop were also proper. Where one of the occupants of a vehicle is a possible fugitive, it is permissible for the officers to approach the occupants with drawn weapons and to use reasonable means (such as handcuffs) to secure the occupants while an investigation is conducted. United States v. Roper, 702 F.2d 984, 988 (11th Cir.1983); United States v. Bautista, 684 F.2d 1286, 1289-90 (9th Cir.1982); cert. denied, 459 U.S. 1211, 103 S.Ct. 1206, 75 L.Ed.2d 447 (1983). Accordingly, there was no constitutional infirmity in the stop of the Scout and no grounds to suppress the evidence later discovered in it on this basis. Similarly, there are no grounds to suppress any of the statements made by Levesque at the scene of his arrest. Most of the statements are admissible, even though made while in custody and prior to Miranda warnings, because they were unsolicited and not in response to any interrogation. Rhode Island v. Innis, 446 U.S. 291, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980); United States v. Ogden, 703 F.2d 629 (1st Cir.1983). Interrogation is either direct questioning or “words or actions on the part of police officers that they should have known were reasonably likely to elicit an incriminating response”. Rhode Island v. Innis, supra, 446 U.S. at 302, 100 S.Ct. at 1690 (emphasis in original). Levesque’s statements that it was he who was wanted, not the Connors, and that he was an LSD dealer, not a murderer, were not in response to either direct questions or actions by the officers reasonably likely to elicit incriminating answers. The only statement Levesque made in response to interrogation concerned the whereabouts of his family. However, Agent Keaney asked this question after Levesque was read his Miranda rights, which he indicated he understood. Furthermore, Levesque testified at the suppression hearing that he knew from his prior experiences that he didn’t have to answer any questions at the scene of the arrest. Thus, the Court is satisfied that the statement Levesque made in response to Agent Keaney’s question is admissible since he knowingly and intelligently waived his Miranda rights by answering. No express waiver is necessary. North Carolina v. Butler, 441 U.S. 369, 99 S.Ct. 1755, 60 L.Ed.2d 286 (1979). Defendant Blais’ motion to suppress the 30 LSD tablets seized from his sweatshirt pocket is denied because the Court does not find Blais’ claim that they were planted by the government agents to be credible. The Court can think of no possible motive the agents would have had to plant this additional evidence. Michael Blais was a fugitive wanted in two states on charges involving the possession and distribution of LSD in far larger quantities. Accordingly, the Court believes the testimony of Agents Keaney and Graffam and Trooper Gerry that the LSD was not planted in Blais’ sweatshirt and denies this motion to suppress. The search of the Scout was proper based on the well-established exception to the warrant requirement that a vehicle is subject to a warrantless search if there is probable cause to believe it will contain contraband or other evidence of a crime. United States v. Johns, - U.S. -, 105 S.Ct. 881, 83 L.Ed.2d 890 (1985); Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970); Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925). To find probable cause, “a court can rely on an ‘assessment of probabilities in particular factual contexts’ that criminal activity may be taking place.” United States v. Moscatiello, 771 F.2d 589, 596 (1st Cir.1985), quoting Illinois v. Gates, 462 U.S. 213, 232, 103 S.Ct. 2317, 2328, 76 L.Ed.2d 327 (1983). In the instant case, the Scout was transporting two men who were fugitives from justice on charges of possessing thousands of dosage units of LSD and other controlled substances. Furthermore, searches at the Henniker Police Station of the four occupants of the Scout revealed that three of them were carrying LSD or marijuana. Clearly, there was probable cause to believe that more contraband or other evidence would be found in the Scout. The fact that the search did not occur until approximately one hour after the Scout had been stopped does not affect the validity of this analysis. Although the rationale for allowing warrantless searches of vehicles is in part based on their inherent mobility, Chambers v. Maroney, supra, 399 U.S. at 50-51, 90 S.Ct. at 1980-81, the Supreme Court has repeatedly held that a warrant-less search of a vehicle based on probable cause may occur well after it has been immobilized. United States v. Johns, supra, 105 S.Ct. at 886-87; Michigan v. Thomas, 458 U.S. 259, 102 S.Ct. 3079, 73 L.Ed.2d 750 (1982); Texas v. White, 423 U.S. 67, 96 S.Ct. 304, 46 L.Ed.2d 209 (1975); Chambers v. Maroney, supra, 399 U.S. at 52, 90 S.Ct. at 1981. Indeed, the First Circuit Court of Appeals has recently upheld a warrantless search of a vehicle and its contents seven days after the initial stop and seizure. United States v. McHugh, 769 F.2d 860 (1985). The one-hour delay in the instant case was quite brief and was justified in that the search could not be conducted until there was a means to control the Rottweiler. Accordingly, the motions to suppress the notebook seized from the Scout are denied. Defendants Levesque, Fortier, and Blais have moved to suppress the evidence seized from the trailer on Lot 77 at the Mile-Away on December 20, 1984, alleging violation of their Fourth Amendment rights. Specifically, they claim that the trailer was unreasonably seized prior to issuance of a search warrant, that no circumstances existed to justify a warrantless search of the trailer, that the affidavit in support of the search warrant was deficient and failed to establish probable cause for the search, and that the search exceeded the scope of the warrant. Defendants’ claim that the trailer was unreasonably seized prior to the issuance of a search warrant is without merit. It is established law in this Circuit that law enforcement officers may secure premises in anticipation of a search warrant where evidence contained therein is subject to imminent destruction or concealment. See United States v. Palumbo, 742 F.2d 656 (1st Cir.1984), cert. denied, - U.S. -, 105 S.Ct. 799, 83 L.Ed.2d 792 (1985). According to the First Circuit in Palumbo, [t]he Court has noted that ‘imminent destruction, removal, or concealment of the [evidence] to be seized’ may be one type of exigent circumstance which would justify warrantless entry into a dwelling. United States v. Jeffers, 1951, 342 U.S. 48, 52, 72 S.Ct. 93, 95, 96 L.Ed. 59; Johnson v. United States, 1948, 333 U.S. 10, 15, 68 S.Ct. 367, 369, 92 L.Ed. 436. We have so held. United States v. DiGregorio, 1 Cir., 1979, 605 F.2d 1184, 1188, cert. denied, 444 U.S. 937, 944, 983, 100 S.Ct. 287, 302, 489, 62 L.Ed.2d 197; United States v. Edwards, 1 Cir., 1979, 602 F.2d 458, 468. When such an exigency is found, however, the least restrictive intrusion is to be adopted, or the whole constitutional requirement for obtaining a warrant would be defeated. When it is known that no one is presently on the premises, they may be secured merely by guarding the entrances. Cf. United States v. Agapito, 2 Cir., 1980, 620 F.2d 324, 337 cert. denied, 449 U.S. 834, 101 S.Ct. 107, 66 L.Ed.2d 40; United States v. Young, 8 Cir., 1977, 553 F.2d 1132, 1134, cert. denied, 431 U.S. 959, 97 S.Ct. 2686, 53 L.Ed.2d 278. When persons are present and such persons may reasonably be feared to pose a substantial threat to destroy evidence, more intrusive action may be proper. Cf. United States v. Edwards, ante, 602 F.2d at 461. Even then, the police might be well advised to give the occupants a choice of exiting the premises. See United States v. DiGregorio, ante, 605 F.2d at 1188 n. 3. This might be accompanied by ‘a very quick and limited pass through the premises to check for third persons who may destroy evidence.’ United States v. Agapito, ante, 620 F.2d at 335. Id. at 658-59. The facts in the instant case reveal the type of exigent circumstances warranting a seizure absent a search warrant. First, Agent Keaney had just participated in the arrest of Levesque, a fugitive from justice and reputed drug dealer with a criminal record. Second, Agent Keaney knew that the individuals apprehended on December 20, 1984, had been associated with the trailer at Lot 77. Third, the suspect Plymouth automobile was parked across from Lot 77 with tracks leading between the Plymouth automobile and the trailer. Fourth, one of the four apprehended individuals, Chris Connor, had been released from police custody and could potentially have been on his way back to the trailer. And fifth, Levesque’s common-law wife, Jane Connor, was inside the trailer despite Levesque’s assertions to the contrary. Given these facts, Agent Keaney’s actions in securing the trailer fall well within the parameters of permissible conduct outlined in Palumbo. See also Segura v. United States, 468 U.S. 796, 104 S.Ct. 3380, 3389, 82 L.Ed.2d 599 (1984) (not an unreasonable seizure of a dwelling or its contents where dwelling secured on basis of probable cause to prevent destruction of evidence pending issuance of search warrant); United States v. Curry, 751 F.2d 442, 447-49 (1st Cir.1984). Defendants’ claim that the search warrant issued by Judge Hatfield was constitutionally infirm since the supporting affidavit failed to provide the requisite probable cause is similarly without merit. Probable cause exists where “the facts and circumstances within [the agent’s] knowledge, and of which they had reasonably trustworthy information ... [are] sufficient in themselves to warrant a man of reasonable caution in the belief that” a crime has been or is being committed, and that seizable property can be found at the place to be searched. Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949); Carroll v. United States, supra, 267 U.S. at 162, 45 S.Ct. at 288; United States v. Drake, 673 F.2d 15, 17 (1st Cir. 1982). Moreover, when a court reviews the sufficiency of a search warrant, a common sense rather than an overly technical standard must be employed in determining whether probable cause exists. United States v. Sumpter, 669 F.2d 1215, 1218 (8th Cir.1982). As articulated by the United States Supreme Court in United States v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 746, 13 L.Ed.2d 684 (1965): [Affidavits for search warrants, such as the one involved here, must be tested and interpreted by magistrates and courts in a common sense and realistic fashion. They are normally drafted by nonlawyers in the midst and haste of a criminal investigation. Technical requirements of elaborate specificity once exacted under common law pleadings have no proper place in this area. A grudging or negative attitude by reviewing courts toward warrants will tend to discourage police officers from submitting their evidence to a judicial officer before acting. The affidavit prepared by Sergeant Carpenito and presented to Judge Hatfield indicated the following: 1. That on December 20, 1984, Agent Keaney observed an automobile, NH Registration No. 25687B, registered to Carl Con-nor, containing three male subjects, of which two were identified as Carl and Chris Connor, known to Agent Keaney as dealers of LSD; 2. That Agent Keaney followed that vehicle to the Mile-Away and later observed another vehicle, NH Registration No. 24311B, exiting the Mile-Away with four male passengers; 3. That one of the passengers was identified as Jonathan Levesque, a known and convicted drug dealer who had an outstanding capias issued by the Merrimack County Superior Court and who had been indicted in the same court in November 1981 for possession of a controlled drug with intent to sell; 4. That Sergeant Carpenito had been involved with the arrest and conviction of Donald Lord in December 1982 for possession and intent to sell approximately 5,000 dosage units of LSD and that at the time of Lord’s arrest an associate, Stephen Jasolka, stated that Levesque was the source of Lord’s LSD; 5. That the four occupants of the vehicle, NH Registration No. 2431IB, exiting the Mile-Away were arrested and identified as Jonathan Levesque, Michael Blais, Carl Connor, and Chris Connor; 6. That Sergeant Carpenito had arrested Blais in 1977 for the s