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. BERKOWITZ

May 14, 1991

UNITED STATES OF AMERICA, Plaintiff,
v.
MARVIN BERKOWITZ, Defendant



The opinion of the court was delivered by: BUA

 NICHOLAS J. BUA, UNITED STATES DISTRICT JUDGE

 Pursuant to the ruling of the Seventh Circuit in United States v. Berkowitz, 927 F.2d 1376 (7th Cir. 1991), the court has held an evidentiary hearing concerning the legality of Marvin Berkowitz's arrest. Based on the evidence presented at the hearing, the court makes the following findings of fact and conclusions of law.

 FINDINGS OF FACT

 1. On November 7, 1988 around 8:45 a.m. Marvin Berkowitz was arrested at his home located at 6738 N. Richmond, Chicago, Illinois.

 2. The entry team consisted of Special Agents Merle Shearer and Frank Calabrese of the Internal Revenue Service ("IRS"). Shearer made the arrest. Special Agent William Maloney of the IRS was part of the backup team.

 3. Shearer went to the front door of Berkowitz's house, opened the storm door, and rang the doorbell. At this time, Shearer was situated on the landing of the stairs leading to the front door of the house.

 4. Berkowitz opened the door. He stood in the doorway, inside his house.

 5. Immediately upon Berkowitz's opening of the door, Shearer began speaking. Shearer called Berkowitz by name and asked Berkowitz if Berkowitz remembered him. Shearer then stated that Berkowitz was under arrest for obstruction of justice and theft of government property. At the time Shearer told Berkowitz that he was under arrest, Shearer was still positioned on the landing outside of the house.

 6. Berkowitz acknowledged the arrest. He asked if he could remove his prayer shawl and other religious articles. Berkowitz then backed up into his house.

 7. At this point, Shearer crossed the threshold of Berkowitz's house and followed Berkowitz into the home. Calabrese and Maloney entered Berkowitz's house shortly thereafter.

 8. Shearer did not enter Berkowitz's home until after he had informed Berkowitz that he was under arrest.

 9. Shearer gave credible testimony during the evidentiary hearing. Shearer's account of the events preceding and following the arrest were corroborated by agents who were part of the arrest team. Calabrese stated that Shearer was outside Berkowitz's house on the cement stoop when Shearer announced that Berkowitz was under arrest. According to Calabrese, it was only after Shearer informed Berkowitz of the charges, Berkowitz acknowledged the arrest, and Berkowitz started to leave the hallway that Shearer stepped over the threshold and went through the door.

 Maloney testified that Shearer did not enter Berkowitz's house until after they had engaged in a conversation. Maloney followed Shearer into the house about three seconds after Shearer entered the home. He testified that, after following Shearer into the house, he ...


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.