Edmond v. United States

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Chicago Officer Frano obtained the approval of the state’s attorney’s office and obtained a search warrant based on a tip from a confidential informant, who claimed to have purchased heroin from Edmond at 736 North Ridgeway. Frano had driven the informant past the building to confirm the location and showed the informant a photograph to confirm Edmond's identity. The complaint specified the date of the tip but not the date of the alleged drug sale. Frano attested that the informant had provided dependable information about narcotics activities for five years. The complaint did not mention that the informant was facing felony drug charges or that a state court had revoked his bail and issued an arrest warrant. Officers searched the Ridgeway apartment and recovered loaded handguns, heroin, and cocaine. Edmond was not present but was arrested later. Before trial, Edmond unsuccessfully moved to suppress his post-arrest statements, claiming that he did not waive voluntarily his Miranda rights. .He was convicted of firearm and heroin charges but acquitted of a cocaine charge. The Seventh Circuit dismissed his appeal, citing "Anders." The district court denied his 28 U.S.C. 2255 pro se motion to set aside his conviction. The Seventh Circuit affirmed. Applying "Strickland," the court agreed that Edmond’s trial attorney performed below an objective standard of reasonableness; but, although the search warrant was not supported by probable cause, the good-faith exception to the exclusionary rule applied. Objectively reasonable police officers could have relied in good faith on the search warrant so Edmond was not prejudiced by his attorney’s deficient performance. View "Edmond v. United States" on Justia Law