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United States v. Tejada

524 F.3d 809 (2008)

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United States v. Tejada

United States Court of Appeals for the Seventh Circuit
524 F.3d 809 (2008)

  • Written by Arlyn Katen, JD

Facts

The Drug Enforcement Agency (DEA) investigated Tejada (defendant) for cocaine sales. When an undercover DEA agent met Tejada in a parking lot to buy cocaine, Tejada showed the agent a small, blue travel bag containing cocaine, and Tejada told the agent that the sale would occur in Tejada’s apartment. The DEA agent saw Tejada enter an attic apartment carrying the bag. The agent entered Tejada’s apartment with 12 to 15 other agents without obtaining a search warrant. Tejada refused to obey agents’ orders to get on the floor and reached for a gun in his waistband. The agents seized the gun and handcuffed Tejada. The agents then conducted a protective sweep of Tejada’s 400-square-foot apartment. Police opened an entertainment center and found the blue travel bag. Inside of that bag was a second bag containing cocaine. Tejada pleaded guilty to federal drug offenses, and then he appealed the district court’s admission of the cocaine as evidence.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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