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U.S. v. TEJADA

No. 07-1395.

524 F.3d 809 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Apolinar TEJADA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 10, 2008.

Attorney(s) appearing for the Case

Maribel Fernandez-Harvath (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Patrick W. Blegen (argued), Chicago, IL, for Defendant-Appellant.

Before POSNER, WOOD, and WILLIAMS, Circuit Judges.

POSNER, Circuit Judge.

The defendant pleaded guilty to federal drug offenses (and was sentenced to 120 months in prison), reserving however his claim that the drugs used in evidence against him had been seized in violation of the Fourth Amendment by DEA agents who did not have a search warrant. The district judge, after a hearing on the defendant's motion to suppress the evidence, ruled that the drugs had been seized as a lawful incident to his arrest and alternatively...

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