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7th Circuit declines to overturn ruling on excessive force

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A man who entered a conditional plea on drug charges couldn’t convince the 7th Circuit Court of Appeals Thursday that it should overturn a ruling that the use of excessive force during an arrest is not a basis for suppressing evidence.

In United States of America v. Johnnie C. Collins, 12-3317, Johnnie Collins appealed the denial of his motion to suppress evidence found after he fled from police in his car and on foot. While he was running from the officers, Collins threw a bag to the ground. He would not cooperate with officers, so they had to kick and douse him with pepper spray. It wasn’t until officers used a Taser twice on Collins that they were able to place him in handcuffs.

The bag Collins threw away had crack and powder cocaine in it. Officers also found a wad of cash in his pocket. He was charged with possession of crack and powder cocaine with intent to distribute, and he later entered a conditional plea on the charges. In denying his motion to suppress, the District Court noted that the use of excessive force in making an arrest can’t be remedied by suppression of evidence, and even if that was an available remedy, Collins wouldn’t be entitled to relief because he threw the drugs away before any force was applied.

Collins argued that the 7th Circuit should overturn United States v. Watson, 558 F.3d 702, 705 (7th Cir. 2009), arguing the District Court’s reasoning was flawed with regard to when the excessive force began. He claimed it started when police started chasing him on foot.

“Collins had not yet been seized at the point when he abandoned his drugs by tossing the bag into the bushes. No seizure occurs until force is applied or the suspect submits to the officer, and the moment of seizure does not relate back to an initial show of authority that was ignored,” the judges wrote in the per curiam decision.

“Moreover, no opinion cited by Collins holds that the use of excessive force in conducting search or seizure requires suppression of the evidence seized,” the opinion states. “Collins has nothing new to say on the subject; he simply disagrees with how the case was decided, but that is not a sound reason for overturning the decision.”

 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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