Common v. City of Chicago
661 F.3d 940
| 7th Cir. | 2011Background
- Nov. 18, 2006, Officer Nelson fatally shot Michael Smith exiting a Chicago convenience store; jury found no excessive force.
- Autopsy revealed five cocaine packets in Smith’s body (four in chest cavity, one in trachea); examiner attributed placement to pre- or post-shooting events.
- District court allowed admission of drug packets under a motion in limine; challenged as evidence of post-incident conduct.
- On appeal, court considers whether drug evidence is admissible under Rule 403 and within exceptions to the “only what the officer knew” rule.
- Evidence used to rebut Smith’s alleged compliance with commands and to suggest Smith hid drugs and contested the events; district court engaged in limiting-instruction discussions with parties.
- Court affirms district court’s ruling, concluding drug evidence was probative and not substantially prejudicial in light of the circumstances and impeachment value.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether drug evidence was admissible under Rule 403. | Estate argues prejudice outweighs probative value. | Nelson argues probative value outweighs prejudice; impeachment use. | Admissible; not reversible error. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) ( Fourth Amendment objective reasonableness standard)
- Sherrod v. Berry, 856 F.2d 802 (7th Cir. 1988) (post-hoc evidence allowed only for credibility/impeachment; not for determining reasonableness)
- Palmquist v. Selvik, 111 F.3d 1332 (7th Cir. 1997) (limits on post-incident evidence; intoxication exception discussed)
- Breneisen v. Motorola, Inc., 656 F.3d 701 (7th Cir. 2011) (abuse-of-discretion review for evidentiary rulings; Rule 403 considerations)
- Palmquist v. Selvik, 111 F.3d 1332 (7th Cir. 1997) (discusses limits and applicability of drug-evidence exceptions)
- United States v. Cameron, 814 F.2d 403 (7th Cir. 1987) (drug evidence admissibility in non-drug crimes)