United States v. Tunji Kincaid
Court of Appeals for the Seventh Circuit
1Opinion of the Court
KANNE, Circuit Judge.
In September 1998, Tunji Kincaid was arrested for criminal trespass to land after he parked his stalled car in the driveway of a vacant residence owned by Jack Chil-dress. Incident to his arrest, his car was searched and 12.4 grams of crack cocaine and a crack pipe were found. On this basis, Kincaid was indicted for possession of cocaine with intent to distribute, pursuant to 21 U.S.C. §§ 841(a)(1), (b)(1)(B).
Kincaid moved to suppress the evidence found in his car because the arresting officer lacked probable cause to make the criminal trespass arrest. The district court…
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