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);
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
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
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").
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
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. ...