United States v. Clark
2011 U.S. App. LEXIS 19032
7th Cir.2011Background
- Clark was convicted of possessing crack cocaine with intent to distribute (21 U.S.C. § 841(a)(1)).
- McCormick, a cocaine dealer, became a government informant and arranged a delivery from Clark; police monitored communications and arranged a sting.
- Clark pulled into McCormick's driveway in Peoria at the agreed time with 10 ounces of cocaine in his red pickup truck.
- Police approached with weapons, seized Clark, and a drug-sniffing dog led to discovery of cocaine inside the truck, including a dashboard compartment.
- Clark moved to suppress the drugs; the district court denied suppression and trial proceeded; cross-examination of McCormick was limited; appellate counsel later abandoned oral argument and was sanctioned.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest and search the truck | Clark argues lack of probable cause due to McCormick's errors | Clark contends McCormick cannot establish probable cause | Probable cause existed based on McCormick's continuing role and corroborated actions |
| Validity of the dashboard search after dog sniff | Dog alerts supported search including dashboard removal | Search beyond warrantless scope invalidated by lack of probable cause | Search of truck valid; dashboard removal permissible under probable cause |
| Cross-examination limit on McCormick | Limit hindered impeachment of key witness | Limit reasonable given prior impeachment and relevance | No abuse of discretion; sufficient impeachment and credibility concerns addressed |
| Appellate counsel discipline | Counsel abandoned oral argument; failed to comply with Rule 30 | Sanctions unnecessary or excessive | Public censure; $1000 fine; 24-month CPD bar from CJA appointments; referral to Illinois bar |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (1983) (probable-cause standard for searches based on totality of circumstances)
- United States v. Ross, 456 U.S. 798 (1982) (automobile search may extend to all areas where contraband could be found)
- Arizona v. Gant, 556 U.S. 332 (2009) (scope of auto search incident to arrest)
- Delaware v. Van Arsdall, 475 U.S. 673 (1986) (limits on cross-examination in balancing Confrontation Clause interests)