Edwards v. Jolliff-Blake

907 F.3d 1052
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 1, 2018
DocketNo. 17-1848
StatusPublished
Cited by38 cases

This text of 907 F.3d 1052 (Edwards v. Jolliff-Blake) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edwards v. Jolliff-Blake, 907 F.3d 1052 (7th Cir. 2018).

Opinion

Scudder, Circuit Judge.

Chicago police officers obtained a warrant and searched the home of Nelson Edwards for drugs and a suspected drug dealer. After the search turned up neither, Edwards and his family brought suit under 42 U.S.C. § 1983 against the City of Chicago and the police officers who applied for and executed the search warrant. They alleged their constitutional rights were violated when the officers obtained a warrant unsupported by probable cause, performed an unreasonable search of their home, and used excessive force during the search. The district court saw the material undisputed facts the other way and granted the defendants' motion for summary judgment. We affirm, concluding that probable cause supported the search warrant and, regardless, the officers are entitled to qualified immunity.

I

Nelson Edwards owns a home on South Keeler Avenue in Chicago, where he lives with his daughters, Sherri and Shawna Edwards, and his granddaughter, Shawna Walker. In 2012, Chicago police officers searched the Edwardses' home after receiving a warrant authorizing them to look for heroin and an alleged drug dealer named Freddy Sutton. Michael Jolliff-Blake was the Chicago police officer who obtained the warrant, and he did so on the basis of information provided by a confidential informant, "J. Doe."

Four days before the search, Doe reported buying heroin in the house from a man he knew as "Fred." Jolliff-Blake prepared a warrant affidavit based on Doe's account: it stated that Doe had bought heroin from Fred for the past couple of months; Fred sold heroin out of the basement *1056of the home on South Keeler; and Doe had bought and used heroin from Fred earlier that day and, while doing so, saw Fred carrying a plastic bag containing over 100 baggies of heroin. The affidavit also explained that Jolliff-Blake showed Doe a photo of the home on South Keeler, which Doe confirmed was the location in which he bought heroin. Jolliff-Blake then drove Doe to the location, where Doe again confirmed his identification of the home. Jolliff-Blake also used a Chicago Police Department database to obtain a photograph of a man named Freddy Sutton, who Doe identified as the "Fred" who sold him heroin. Jolliff-Blake's supervisor and an assistant state's attorney reviewed and approved the warrant application.

The next day-one day after receiving the information from Doe-Officer Jolliff-Blake presented the application to a Cook County Circuit Court judge. Jolliff-Blake also brought Doe with him, made Doe available for questioning, and provided the judge with Doe's criminal history. The judge then questioned Doe under oath, though there is no transcript of the proceeding. The judge found that probable cause existed and issued the warrant.

The officers conducted the search four days later. Nelson and Sherri Edwards were outside and prevented from entering the home and disrupting the search, which took about two hours. At some point, Nelson Edwards tried to enter but was pushed by an officer and prevented from doing so. At another point, Nelson Edwards told the police that the home contained registered guns, which the police, in turn, located. During the search, a police dog alerted to the presence of drugs in the home, likely due to prescription narcotics found by the officers.

Ultimately, the search uncovered no heroin or other illegal drugs. Nor did the police find Freddy Sutton. After the police left, the Edwardses noticed some limited property damage, including a loose door frame, a mark on a door, and a cut chain on the outdoor fence.

In 2013, the Edwards family filed suit under 42 U.S.C. § 1983 against Officer Jolliff-Blake, other Chicago police officers, and the City of Chicago, alleging violations of their civil rights through the defendants' procurement and execution of a search warrant without probable cause, including an excessive force claim for the use of force against Nelson Edwards. The Edwardses also brought a Monell claim against the City, alleging the existence of an unconstitutional policy allowing police officers to apply for search warrants based on information provided by anonymous John Doe informants.

The district court dismissed the Monell claim because the Edwardses did not plausibly allege the existence of any policy or practice permitting searches without probable cause. As to the claims against the individual officers, the district court granted their motion for summary judgment, concluding based upon its own review that the search warrant was supported by probable cause. It emphasized that Doe had acquired the information based on firsthand observations, provided a detailed description of his recent heroin purchase from Fred at a confirmed location on South Keeler, and personally appeared before the Cook County judge and answered her questions. The district court held in the alternative that the officers were entitled to qualified immunity based on their reasonable reliance on the warrant. The district court further concluded that the officers conducted the search in a reasonable manner and used no excessive force against Nelson Edwards.

II

A

In determining the sufficiency of a warrant affidavit, we focus on the totality *1057of the information presented to the Cook County judge. See United States v. Peck , 317 F.3d 754, 756 (7th Cir. 2003). Where, as here, the affidavit supporting a search warrant relies on information supplied by an informant, the analysis examines five primary factors, none of which is determinative by itself: "the level of detail, the extent of firsthand observation, the degree of corroboration, the time between the events reported and the warrant application, and whether the informant appeared or testified before the magistrate." United States v. Glover , 755 F.3d 811, 816 (7th Cir. 2014). In determining whether probable cause existed, "we look only at what the officer knew at the time he sought the warrant, not at how things turned out in hindsight." Beauchamp v. City of Noblesville, Ind. , 320 F.3d 733, 743 (7th Cir. 2003). The law affords "great deference" to the probable cause finding made by the judge who evaluated the warrant application in the first instance, and we will uphold that determination so long as there is a "substantial basis" for concluding "that a search would uncover evidence of wrongdoing." Illinois v. Gates ,

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Bluebook (online)
907 F.3d 1052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-jolliff-blake-ca7-2018.