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U.S. v. TAPIA

No. 09-1426.

610 F.3d 505 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jose F. TAPIA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 6, 2010.

Attorney(s) appearing for the Case

Monica Mallory (argued), Office of the United States Attorney, Rockford, IL, for Plaintiff-Appellee.

Sarah O'Rourke Schrup, Attorney, Abigail Pringle and Russell Shankland, Law Students (argued), Northwestern University School of Law, Chicago, IL, for Defendant-Appellant.

Before CUDAHY, POSNER, and EVANS, Circuit Judges.

CUDAHY, Circuit Judge.

Jose Tapia, a member of the Latin Counts street gang, was arrested at his home on May 19, 2008, after his estranged wife reported him to the police for battery and informed a detective of his involvement in a gang shooting. During the arrest, officers performed a "protective sweep," which entailed checking the basement and downstairs bathroom for individuals who may have posed a threat. The sweep revealed a handgun, which was subsequently found...

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