United States v. Leonard

A confidential source alerted Rock Island police that Watson was selling drugs from the home she shared with her husband, Leonard. Officers twice, one week apart, searched sealed trash bags left in a public alley outside the home. Both times the bags contained indicia of residency and tested positive for cannabis. Two days after the second positive test, officers obtained a state warrant to search the residence. Police executed the warrant the next day. The officer who had a copy of the warrant had to leave before Watson arrived home. When Watson asked to see the warrant, an officer had to return to the police station to get another copy. That copy apparently was not the correct one. Officers executed the warrant and, in addition to drugs, found a semi-automatic handgun. Leonard admitted he owned the gun. Because he had been convicted of a felony, he was charged under 18 U.S.C. 922(g)(1). The court denied Leonard’s motions to suppress the gun and to require disclosure of the tipster's identity. Leonard conditionally pleaded guilty. The Seventh Circuit affirmed. Officers are not required to wait until someone is home to conduct the search; warrant presentation is not required, so inadvertent presentation of the wrong warrant is not fatal. Regardless of the credibility of the tipster, the drugs contained in trash bags bearing sufficient indicia of residency established probable cause. View "United States v. Leonard" on Justia Law