United States v. Johnson

ATF agents executed an arrest warrant at Coleman’s residence and observed what appeared to be heroin. After receiving his Miranda rights, Coleman stated that it was heroin for his personal use. The agents escorted Coleman to a vehicle. Coleman's wife, Charisse, said Coleman kept a gun and that Johnson and Coleman had been selling heroin for 20 years. She provided extensive details. In response to Coleman's unprompted statement, agents read Coleman his Miranda rights again. He signed a waiver and stated that he had guns and heroin inside the residence. Coleman gave consent to search. Agents nonetheless obtained a warrant and found drug paraphernalia, guns, and 168 grams of heroin. Coleman later identified a photo of Johnson and described their operation in detail. Both men had prior convictions for manufacturing and delivering a controlled substance. Chicago Police gave ATF information linking Johnson with a condominium. Agent Matuszczak's search warrant affidavit incorporated the affidavit submitted in support of the Coleman search. Agents executed the warrant at Johnson’s condo and seized 4.8 kilograms of heroin, $155,000 in cash, and items used to repackage and sell drugs. Johnson admitted owning the drugs and money and entered a conditional guilty plea under 21 U.S.C. 841(a)(1). The Seventh Circuit affirmed the denials of his motions to suppress the evidence; the known facts and circumstances supported a finding of probable cause. View "United States v. Johnson" on Justia Law