819 F.2d 687 (7th Cir. 1987), 86-2603, United States v. Lima

Docket Nº:86-2603.
Citation:819 F.2d 687
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Alejandro LIMA, Defendant-Appellant.
Case Date:April 27, 1987
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit

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819 F.2d 687 (7th Cir. 1987)

UNITED STATES of America, Plaintiff-Appellee,


Alejandro LIMA, Defendant-Appellant.

No. 86-2603.

United States Court of Appeals, Seventh Circuit

April 27, 1987

Argued March 3, 1987.

Steven B. Muslin, Steven B. Muslin, Ltd., Chicago, Ill., for defendant-appellant.

Allan N. Grossman, Asst. U.S. Atty., Anton Valukas, U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Before WOOD, RIPPLE, and MANION, Circuit Judges.

RIPPLE, Circuit Judge.

Alejandro Lima was convicted in district court of a number of federal offenses involving the possession of cocaine and firearms. In his written plea agreement, Lima reserved the right to appeal on the ground that the district court erroneously denied his pretrial motion to suppress certain evidence because it was the fruit of an unconstitutional arrest. We believe that the district court was correct in its determination that there was probable cause to arrest the defendant. Therefore the motion to suppress was properly denied and the judgment of conviction is affirmed.

I. Facts

At approximately 10:35 p.m. on April 28, 1982, Kevin Lane, an undercover agent with the Drug Enforcement Agency (DEA), met with Rudolfo Maceyras at a Chicago restaurant to negotiate a purchase of one pound of cocaine. Other DEA agents were on surveillance outside the restaurant. Inside, Maceyras received a telephone page, made a call, and then told Lane "his guy was on the way over." Shortly thereafter, Barbaro Montalvo joined Maceyras and Lane. Montalvo and Maceyras discussed "going to get the stuff." The three left the restaurant. Maceyras told Lane to follow in his car. Lane followed Maceyras and Montalvo, who were in Montalvo's car, to a park area along Lake Michigan. Very shortly after Montalvo parked there, an Oldsmobile, driven by defendant Lima, pulled up directly behind Montalvo's car. A third smaller car was parked on the

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other side of the street. By this time it was approximately 11:00 p.m. There were no other vehicles in the immediate vicinity.

Agent Lane was in radio contact with DEA Special Agent Wayne Kowalski. Lane described the cars to Kowalski, but did not say when they had arrived. Lane observed Maceyras and Montalvo get out of their car. He informed Agent Kowalski that one of them, later identified as Montalvo, went over to the driver's side of Lima's car, and that another man left the smaller car carrying a brown paper bag which he put into a phone booth nearby. Lane informed Kowalski that Maceyras was coming over to his (Lane's) car. There Maceyras told Lane that the cocaine was in the phone booth and that he wanted to see the money. After a brief discussion, Lane got out of his car and gave a prearranged arrest signal to the other DEA agents by opening his trunk.

At that point, several unmarked cars carrying DEA agents in plain clothes moved in to...

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