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UNITED STATES v. ACEVEDO

No. 79-2016.

627 F.2d 68 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Bernardino ACEVEDO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 1980.

Rehearing Denied September 3, 1980.

Attorney(s) appearing for the Case

William H. Kampenga, Oak Lawn, Ill., for defendant-appellant.

Thomas P. Sullivan, U. S. Atty., Kevin E. Sharkey, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before SPRECHER and WOOD, Circuit Judges, and EAST, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

On February 23, 1979, agents of the Drug Enforcement Administration forcibly entered Bernardino Acevedo's apartment without a warrant and therein arrested him. On April 15, 1980, the United States Supreme Court held violative of the fourth amendment warrantless nonconsensual entries to effect in-home arrests in the absence of exigent circumstances. Payton v. New York,

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