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U.S. v. FUNCHES

No. 02-2999.

327 F.3d 582 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Lorenzo FUNCHES, Juan Carlos Toro, and Carlos DeJesus Munoz, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 29, 2003.

Rehearing and Rehearing Denied May 27, 2003.

Attorney(s) appearing for the Case

David E. Bindi (argued), Office of the U.S. Atty., Chicago, IL, for Plaintiff-Appellant.

Irving B. Miller (argued), Ryan Miller & Trafelet, Chicago, IL, for Defendant-Appellee Lorenzo Funches.

Terence P. Gillespie, Chicago, IL, Sang Shim (argued), Skokie, IL, for Defendant-Appellee Carlos D. Monoz.

Richard M. Beuke, Chicago, IL, Sang Shim (argued), Skokie, IL, for Defendant-Appellee Juan C. Toro.

Before POSNER, KANNE, and DIANE P. WOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 27, 2003.

KANNE, Circuit Judge.

The three defendants, Lorenzo Funches, Juan Carlos Toro, and Carlos DeJesus Munoz, were indicted on various narcotics and firearms charges. The indictments arose from a warrantless arrest that followed a surveillance in which Drug Enforcement Administration ("DEA") agents observed an exchange of plastic bags in an alley. A search incident to the arrest uncovered substantial amounts...

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