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7th Circuit affirms search warrant basis

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The 7th Circuit Court of Appeals has determined that enough probable cause existed to justify a search warrant that led to a man’s jury convictions on drug charges.

In U.S.A v. Marlon K. Spears, No. 10-3338, the federal appellate court affirmed a decision from Chief Judge Philip Simon in the Northern District of Indiana.

The case involves Marlon Spears, who was the subject of a police search in August 2008 where drugs and a firearm were found in his home. A magistrate judge issued a search warrant for Spears’ home. After that search, the man was arrested and charged with possessing 100 or more marijuana plants with intent to distribute, being a felon in possession of a firearm, and maintaining a place for the manufacture and distribution of marijuana. Spears filed motions to suppress the evidence from the search, challenging statements in the probable cause affidavit that had accompanied the warrant application. The District court held a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978), and after determining that the warrant didn’t contain any false statements the court denied the motion.

A jury convicted Spears on all three counts, and he challenged the lower court’s finding that no Franks violation had occurred.
On appeal, the 7th Circuit determined that enough evidence existed in the probable cause affidavit for the warrant to be executed. The appellate panel declined to analyze the issue about how one of the officers relied on information from an informant but didn’t include that in the affidavit. Spears argued that no magistrate judge could infer from the affidavit that the information came from a fellow officer or that the source of the information was reliable.

“Alas, this is not a question we must resolve, because even if we agreed with Spears’s position that the omission was material, misleading, and done so with intent or reckless disregard, and that the District court committed clear error, we would find that the arrant contained sufficient probable cause,” Judge Ann Williams wrote.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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