United States v. Bullock
2011 U.S. App. LEXIS 1986
| 7th Cir. | 2011Background
- Bullock pleaded guilty to possession with intent to distribute crack; his plea was conditioned on appealing the district court’s suppression ruling.
- An anonymous tip alleged a drug seller named Quick operating from 2815 Euclid Street; Detective Greenlee corroborated the tip and identified Quick as Bullock.
- Police obtained a search warrant for the Euclid Street residence and planned a pre-raid surveillance.
- Bullock was detained after a traffic stop of a vehicle leaving the residence, which was driven by Sabrina Wilhelm, the lessee; Bullock was taken to the residence for the search.
- During the search the officers found marijuana in plain view, a scale, baggies with crack, and a gun; Bullock was later detained and then searched at the station where sixteen crack baggies were found on his person.
- Bullock was charged with visiting a common nuisance under Indiana law; the district court denied suppression and Bullock appeals on the Fourth Amendment challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Terry stop detention of Bullock was lawful | Bullock contends there was no reasonable suspicion to detain | Bullock argues Summers extends only to occupants, not visitors | Reasonable suspicion justified temporary detention under Terry |
| Whether Summers/stop during execution of warrant justified detention | Bullock argues detention exceeded Summers framework | State contends detention necessary to secure warrant execution | Detention justified under Summers as visitor; prolonged but reasonable to complete search |
| Whether probable cause supported arrest for visiting a common nuisance | Bullock argues no awareness of marijuana or recurring drug use | State shows probable cause from plain-view drugs and ongoing drug activity | Probable cause existed to arrest Bullock for visiting a common nuisance based on evidence found and context |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (scope of investigatory stops; reasonable suspicion standard)
- Michigan v. Summers, 452 U.S. 692 (U.S. 1981) (detention of occupants during execution of a warrant)
- Florida v. J.L., 529 U.S. 266 (U.S. 2000) (anonymous tip insufficient for stop without corroboration)
- United States v. Tilmon, 19 F.3d 1221 (7th Cir. 1994) (totality of circumstances in Terry stops)
- United States v. Lawshea, 461 F.3d 857 (7th Cir. 2006) (consideration of officer experience in seizures)
- United States v. Funches, 327 F.3d 582 (7th Cir. 2003) (probable cause from training/experience in narcotics cases)
- United States v. Hensley, 469 U.S. 221 (U.S. 1985) (detention based on completed felony suspicion; Terry scope)