Federal 7th Circuit Court
Criminal Court
Search and Seizure
In prosecution on drug conspiracy charge, Dist. Ct. did not err in denying defendant's motion to suppress drugs seized from defendant's restaurant where police obtained consent to search restaurant from cook who had arrived at restaurant prior to its opening. Ct. rejected defendant's contention that search was illegal because it had taken place outside restaurant's normal business hours, and record showed that cook had apparent authority to consent to search where he had keys to restaurant and had disabled its alarm system. Dist. Ct. also did not err in admitting gang-related evidence since it explained relationship between co-conspirators and provided evidence of defendant's criminal intent with respect to charge offense.