United States v. Antwan Reed

744 F.3d 519, 2014 WL 902522, 2014 U.S. App. LEXIS 4437
Court of Appeals for the Seventh Circuit·Decided March 10, 2014·No. 12-3701·Published·Cited by 19 cases

Opinion

ROVNER, Circuit Judge.

Following a bench trial, Antwan Kenya Reed was convicted of possession with intent to distribute heroin, possession of a firearm by a felon, and possession of a firearm in furtherance of a drug trafficking crime. On appeal, he contends that there was no probable cause to issue the warrant that led to the discovery of certain evidence used against him at trial. He also maintains that the district court abused its discretion in allowing the government to present the details of a ten-year-old conviction for heroin distribution, evidence he claims was used improperly to demonstrate his propensity for committing heroin-related crimes. Finally, he asserts that the evidence was insufficient to demonstrate that he possessed the guns or drugs seized from the home that was searched, or that he used the guns in furtherance of a drug trafficking crime. We affirm.

I.

We begin with the warrant. On March 11, 2010, Milwaukee police officer Michael Wawrzyniakowski submitted an affidavit in support of an application for a search warrant for 8353 N. 27th Street in Milwaukee. In the application, the officer sought permission to search for heroin, guns, items affiliated with heroin or guns, and any other evidence that could be used to demonstrate control over the premises. In the affidavit supporting the application, the officer averred that a reliable confidential informant had informed him that Reed was using the N. 27th Street residence to store and sell heroin while armed with a large caliber handgun. The informant had seen Reed armed and delivering heroin at the home within the prior seventy-two hours. The officer stated that the informant knew from past experience that heroin is a white powdery substance packaged in foil packs or “bindles” for sale, and that the informant demonstrated to the officer his knowledge of the appearance and packaging of heroin. The informant told the officer that Reed armed himself to protect against other drug dealers who reside in the same area.

The officer averred that he believed the informant to be credible because the informant provided detailed information in the past that led to the execution of a search warrant and the arrest of three individuals for possession of marijuana and cocaine base with intent to deliver. The informant also supplied a physical description of Reed and positively identified Reed through Milwaukee Police Department booking photographs. The informant previously had given the officer locations of drug houses resulting in recoveries of *522 drugs and firearms by the officer and others, and had supplied the officer with accurate information regarding persons wanted on warrants and persons under probation or supervision. The officer confirmed that he corroborated the informant’s information about Reed by verifying that Reed had a prior felony conviction for possession with intent to deliver heroin and that Reed was currently on probation for that very offense.

Reed contends that the affidavit was too vague and lacking in detail to support a finding of probable cause, and that the officer did virtually nothing to corroborate the informant’s information other than confirming innocent details such as Reed’s physical appearance and the location of the residence. He also contends that the officer omitted relevant information that contradicted the informant’s account. For example, the officers had surveilled the home on N. 27th Street, had seen Reed only briefly and had not seen him engaged in any suspicious activity. 1 The district court determined that the warrant was supported by probable cause and that, even in the absence of probable cause, the evidence would not be excluded because the officer acted in good-faith reliance on the warrant.

We need not consider whether the warrant was supported by probable cause because the good-faith exception to the exclusionary rule applies on these facts. United States v. Leon, 468 U.S. 897, 928, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984); United States v. Miller, 673 F.3d 688, 693-94 (7th Cir.2012). We review de novo a district court’s finding that the good-faith exception of Leon applies to a particular warrant. Miller, 673 F.3d at 693; United States v. Bell, 585 F.3d 1045, 1052 (7th Cir.2009). An officer’s decision to obtain a warrant is prima facie evidence that the officer was acting in good faith. Leon, 468 U.S. at 921, 104 S.Ct. 3405; Miller, 673 F.3d at 693. A defendant may rebut this evidence by demonstrating that (1) the issuing judge abandoned the detached and neutral judicial role; (2) the officer was dishonest or reckless in preparing the affidavit; or (3) the warrant was so lacking in probable cause that the officer could not reasonably rely on the judge’s issuance of it. Miller, 673 F.3d at 688; Bell, 585 F.3d at 1052; United States v. Garcia, 528 F.3d 481, 487 (7th Cir.2008).

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United States v. Antwan Reed, 744 F.3d 519, 2014 WL 902522, 2014 U.S. App. LEXIS 4437 (7th Cir. 2014).

744 F.3d 519 (United States v. Antwan Reed) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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