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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. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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