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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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