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7th Circuit: Recording of drug deal doesn’t taint conviction

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A taped conversation between a suspected heroin dealer and a confidential informant in which a sentence was admitted into evidence was not fruit of the poison tree dooming a conviction that was supported by plenty of other evidence, the U.S. 7th Circuit Court of Appeals ruled Tuesday.

Allen County detectives arranged a criminal informant to make multiple purchases of heroin from Gerald Reynolds. At some point, Reynolds drove the CI’s car to the home of his supplier, John Scott. Unbeknownst to either man, the car had recording equipment that captured a driveway conversation involving drug purchases.

Scott ultimately pleaded guilty to possessing a controlled substance with intent to distribute under the Controlled Substances Act, Title 21, U.S.C. § 841(a)(1). The U.S. District Court for the Northern District of Indiana, Fort Wayne Division, denied his motion to suppress a search warrant of Scott’s home that followed the captured conversation, but Scott’s plea preserved the right to appeal that issue.

The 7th Circuit rejected Scott’s claims in United States of America v. John Scott 12-2962, that the recorded conversation was the primary reason authorities sought a warrant.

“The detective’s affidavit contained many facts other than the recording of Scott’s driveway conversation, and these other facts were sufficient to create probable cause to support a search warrant of Scott’s house,” wrote U.S. District Judge John Z. Lee of the Northern District of Illinois, sitting by designation.   

 “Thus, we need not reach the issue of whether Scott had a reasonable expectation of privacy in his driveway conversation with Reynolds and affirm the district court’s denial of Scott’s motion to suppress,” Lee wrote for the panel.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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