Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

UNITED STATES v. MIDED

March 15, 1984

UNITED STATES
v.
ADAM MIDED.



The opinion of the court was delivered by: Shadur, District Judge.

MEMORANDUM OPINION AND ORDER

Adam Mided ("Mided") has been indicted*fn1 on charges of:

    1. conspiracy to distribute cocaine (Count One);
  and
    2. possession with intent to distribute
  approximately 1,045 grams of a mixture containing
  cocaine (Count Four).

At the time of Mided's arrest, law enforcement officials seized from him, and then searched, two packages containing cocaine. Promptly thereafter they seized and conducted an inventory search of Mided's jeep, seizing a scale found behind the seat.

Mided moves to suppress the use in evidence of the contents of both the packages and the jeep, claiming both his arrest and the concomitant seizures and searches were unlawful. On the record developed at the pretrial suppression hearing, this Court denies Mided's motion.

Facts*fn2

During August and September 1983 DEA Agent Ron Tomcik ("Tomcik") had several cocaine transactions with Blake Kiefer. Blake said his source of supply was his uncle, Ross Kiefer ("Kiefer").

On September 6 Tomcik and two other agents met Kiefer at the O'Hare Hyatt to buy drugs from him. Kiefer told the agents they would have to front the money and he would then to go his source. Kiefer then made a phone call to a number the agents later traced to Ron Zilberbrand ("Zilberbrand"). Kiefer was followed to the Marriott Hotel, where he met Zilberbrand. Both men then got into Zilberbrand's car and went to his residence. After about five minutes Kiefer got out of the car, carrying a brown manila envelope, took a cab back to the Hyatt and delivered four ounces of cocaine to the agents.

On September 18 Tomcik, again at the Hyatt with several other agents, called Kiefer at his home to arrange another transaction. At about 5 p.m. Kiefer came to the agents' room at the Hyatt. At 6 p.m. he went down to the lobby to phone his source. About ten minutes later agents positioned at Zilberbrand's residence saw Zilberbrand and Mided leave the residence, get into Mided's jeep and drive to 1400 North Lake Shore Drive (the "1400 Building").

When Kiefer returned to the agents' room at the Hyatt he said "his people" would call. At about 6:30 p.m. the call came in. Tomcik heard Kiefer use the name "Ronnie" over the telephone. Kiefer and the agents then took a cab to the Drake Hotel, arriving at 7:15 p.m., and stood on a street corner.

Meanwhile Zilberbrand and Mided had left the 1400 Building and had arrived at the Blackstone Hotel. One of the agents followed them up to a room. Just a few minutes later both men left the Blackstone carrying a blue and silver plastic bag, got into the jeep and drove to the Drake, stopping about a half block away. Zilberbrand left the jeep without the bag, and Mided drove on to the 1400 Building and entered the building carrying the bag.

Zilberbrand met Kiefer and the agents on the street corner and told them they had to walk a little while to get to the place where the transaction was to take place. Zilberbrand led the group to the 1400 Building. When they entered the lobby the agents arrested Kiefer and Zilberbrand, who then said "Adam Mided" had the drugs and was on the 15th floor, where Zilberbrand had an apartment. Several agents went up to that floor. Mided emerged from Zilberbrand's apartment and walked toward the agents. Though Agent Griffin did not know his identity (Kiefer and Zilberbrand not having given a description of Mided, but only his name), he called out "Adam." Mided dropped the bag and was immediately arrested.

Agent Griffin then picked up the bag and looked into it, seeing two packages completely wrapped in duct tape. Agent Griffin has seen duct-tape-wrapped packages on 10 to 15 occasions, and without exception they have contained some kind of narcotics. One or two other people came out of their apartments, so the agents took Mided into Zilberbrand's apartment and told Mided to sit in a chair. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.