United States v. Antwan Reed
2014 U.S. App. LEXIS 4437
| 7th Cir. | 2014Background
- March 11, 2010, Milwaukee police sought a search warrant for 3353 N. 27th St to seize heroin, guns, and related items; informant claimed Reed stored and sold heroin while armed at the home.
- Informant described heroin packaging, presence of a large-caliber handgun, and Reed arming himself to protect against rivals; informant previously provided details leading to arrests.
- Affiant asserted informant credibility based on past tips, corroboration of Reed’s identity, and Reed’s prior felony conviction for possession with intent to deliver heroin while on probation.
- Court admitted evidence from the warrant and applied the good-faith exception under United States v. Leon; the government contends Leon applies despite thin details.
- During trial, the government introduced Reed’s prior heroin conviction under Rule 404(b) to show intent/motive; district court cautioned about 404(b) use but allowed testimony.
- Evidence at trial tied Reed to the residence and the master bedroom (mail, clothes, probation card, photos, calls from jail) and placed heroin and firearms near Reed’s personal items; Reed lived with Vera Sims at the home.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause and Leon good-faith applicability | Reed argues the warrant lacked sufficient probable cause. | Reed relies on thin detail and lack of corroboration. | Leon good-faith applicable; warrant admitted evidence. |
| Admission of 404(b) evidence of prior conviction | Evidence probative of intent, knowledge, lack of mistake. | Pattern evidence is propensity and prejudicial; weakly probative. | Harmless error; no reversal. |
| Sufficiency of evidence for all counts | Evidence insufficient to prove possession and related offenses. | Record shows Reed’s ownership/possession and proximity to contraband. | Sufficient evidence to sustain all convictions. |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to the exclusionary rule applies to warrants)
- United States v. Miller, 673 F.3d 688 (7th Cir. 2012) (application of Leon and reliance on warrant where details are adequate enough)
- United States v. Garcia, 528 F.3d 481 (7th Cir. 2008) (informant reliability and corroboration support Leon exception)
- Owens v. United States, 387 F.3d 607 (7th Cir. 2004) (bare-bones informant information insufficient for Leon)
- United States v. Bell, 585 F.3d 1045 (7th Cir. 2009) (discusses Leon good-faith considerations)
- United States v. Stinefast, 724 F.3d 925 (7th Cir. 2013) (benign use of inadmissible evidence in bench trial presumed not to influence decision)
- Miller, 673 F.3d 688 (7th Cir. 2012) (cautions on 404(b) pattern evidence and its probative value)