United States v. Wall

225 F.3d 858 (7th Cir. 2000)

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Nature of the Case

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Facts

FedEx identified as suspicious two packages and conducted a field test on the contents of the packages, which revealed the presence of cocaine. FedEx reported the results and the DEA got involved. The DEA decided to make a controlled delivery of the packages. Trackers were inserted into the packages. Agent Markhart then donned a FedEx uniform and drove to 9121 S. Colfax in a truck with FedEx markings. Approximately fifteen undercover agents dispersed in the area surrounding the residence. Agent Markhart approached the residence Walls (D) answered the knock and when he requested a signature for the packages, Walls (D) turned to a male standing just inside the door, who was later identified as her son Daniel Walls and asked him to sign. He scrutinized Markhart and declined to sign. Walls (D) then said, 'I'll sign the electric company.' Until that time, Walls (D) could not have seen the address labels on the packages and Agent Markham had not mentioned that the addressee was an electrical company. Walls (D) then examined the packages and signed Tascam Electric, DGW. During this exchange, Markhart noticed approximately 10-15 people in the front room of the house, apparently having a party. Williams (D) and Daniel Walls exited the rear of the house with the packages and proceeded down the alley and into the rear basement door of 9127 S. Colfax. Eventually, agents forcibly entered the dwelling. They found the unopened packages on a table immediately inside. The agents then went to 9121 S. Colfax and Walls (D) allowed them into the house. Walls (D) stated that this was the third time she had accepted similar packages, that she did not know what it contained the first time but that she opened the second one out of curiosity and discovered it contained cocaine, and that she knew the third package contained cocaine as well. She told the agents that the packages belonged to Delano Target, a member of the Gangster Disciples street gang. She was arrested. Williams (D) declared that she had nothing to hide and gave written consent for the search of her basement apartment at 9127 S. Colfax. A search of the basement apartment revealed: a clear plastic bag containing marijuana in a dresser drawer; approximately $4000 in U.S. currency inside a basket of clothes; approximately $1000 in U.S. currency in a safe; and a box of rubber gloves, tinfoil, plastic bags, white powder, paper masks, and a digital scale, all of a type used in packaging and weighing cocaine for sale, on or near the kitchen table. A Ravens Arms .25 caliber firearm was found in a dresser drawer of the bedroom. Ds were convicted and appealed.