United States v. Aljabari
2010 U.S. App. LEXIS 23633
| 7th Cir. | 2010Background
- Aljabari hired two friends to burn down a competing tobacco shop in Oregon, Illinois.
- A surveillance video and witnesses tied the fire to Arjabari-era activities; accelerants were found at the site.
- Law enforcement obtained a warrant to search Aljabari's apartment; cans of gasoline and kerosene were discovered there.
- Trial evidence included testimony from Taylor and McMeekan about Aljabari's involvement; he was convicted of arson and conspiracy.
- A suppression ruling partially denied exclusion of evidence found beyond the warrant’s scope; some items were suppressed.
- Aljabari challenged probable cause, search scope, interstate-commerce nexus, and sentencing, all of which the court rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to search the apartment | Aljabari asserts insufficient probable cause for the search. | Aljabari claims the affidavit lacked connection to his apartment. | Probable cause was present; affidavit supported reasonable belief evidence would be found at home. |
| Scope of the search (loading dock) | Gas cans found outside the apartment should be excluded. | Loading dock was part of the apartment; evidence found there falls within scope. | Loading dock reasonably treated as part of apartment; evidence seized within scope. |
| Sufficiency of evidence linking to interstate commerce | Building’s commercial use and out-of-state tobacco sources link to interstate commerce. | Connection to interstate commerce insufficient or improperly interpreted. | Smoke Shop’s commercial use and out-of-state tobacco purchases establish nexus; conviction sustained. |
| Sentencing why above-Guidelines | District court may consider factors beyond the Guidelines in an above-Guidelines sentence. | Upward adjustments for non-Guidelines factors were improper or improperly weighed. | District court acted within discretion; reasoning sufficiently individualized and reasonable. |
Key Cases Cited
- Gates, 462 U.S. 213 (1983) (probable-cause standard for search warrants; totality of circumstances)
- Russell v. United States, 471 U.S. 858 (1985) (rental of real estate constitutes use in activity affecting commerce)
- Jones v. United States, 529 U.S. 848 (2000) (arson statute requires connection to interstate commerce; continuing/active use matters)
- Soy, 413 F.3d 594 (2005) (proof that a business selling products linked to interstate commerce supports nexus)
- Craft, 484 F.3d 922 (2007) (continuing/substantial connection to interstate commerce not always required for arson)
- Poolaw v. Marcantel, 565 F.3d 721 (2010) (limits on probable-cause support when suspect-home connection is weak)
- Hessel, 977 F.2d 299 (1992) (objective reasonableness of warrant interpretation)