34 F.4th 570
7th Cir.2022Background
- In November 2018 an unknown man (later identified as Jeremiah Edwards) robbed Neil’s Liquor; security video showed a black Mitsubishi Outlander linked to Edwards.
- Police obtained a warrant to place a GPS tracker on the Outlander; tracker later located the vehicle after the November 8 O’Reilly Auto Parts robbery in which Edwards and co-defendant Ke nasha Woods participated; Edwards fled on foot after a high‑speed chase.
- Woods identified Edwards from a booking photo during post‑arrest questioning; police later obtained and executed a search warrant for the Outlander and recovered a 9mm handgun and other items.
- While the Outlander was impounded and sealed, Detective Johnson re‑entered the vehicle on Jan. 1, 2019 to retrieve a purse; he discovered a hidden compartment containing a Glock, obtained a search warrant, and recovered the gun with Edwards’s fingerprints.
- Edwards was arrested, indicted on multiple counts (Hobbs Act robbery, brandishing a firearm, felon‑in‑possession, drug and firearm offenses), convicted by a jury, and sentenced to 180 months; he appeals, challenging suppression rulings, juror issues, and a claimed Brady violation.
Issues
| Issue | Edwards' Argument | Government's Argument | Held |
|---|---|---|---|
| GPS tracking warrant (Franks/probable cause) | Affidavit misrepresented/omitted criminal history; Franks violation and insufficient probable cause | Security camera footage and other facts corroborated affidavit; underreporting of history not deliberate; probable cause existed | No Franks violation; magistrate’s credibility findings not clearly erroneous; warrant valid |
| Photo identification (due process) | Woods’ ID was impermissibly suggestive (single‑photo/booking photo exposure) and should be suppressed | Even if suggestive, Biggers factors (opportunity, attention, accuracy, certainty, time) show reliability | ID admissible — Biggers factors weigh strongly for reliability despite suggestiveness |
| Warrantless second entry/search of Outlander (Fourth Amendment) | Johnson’s Jan. 1 entry was warrantless and unlawful; discovered gun should be suppressed | Entry was limited; discovery was inadvertent; in any event Edwards abandoned the vehicle so he lacked a privacy interest | Court affirms suppression denial on alternative ground: Edwards abandoned the Outlander, so no Fourth Amendment protection |
| Brady (undisclosed Jan. 19 alibi/recantation report from Connie Burrell) | Government failed to disclose an impeaching recantation report that was favorable, suppressed, and material | Defense knew of the existence of a recantation; report concerned a defense witness and was obtainable by diligence; not material given other strong evidence | No Brady violation: report not favorably exculpatory or material; defense could have pursued the witness and evidence wouldn’t likely change outcome |
| Jury/sequestration/mistrial (Detective Keith & Juror No. 11) | Failure to sequester/exempt Keith after testimony and alleged coaching prejudiced jury; mistrial required; dismissal of juror improper | Keith qualified for sequestration exemption; court investigated, admonished her, found no coaching effect; removal of Juror No. 11 was appropriate to avoid bias | No abuse of discretion: sequestration exemption proper, mistrial denied, juror dismissal supported by court’s credibility findings |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (establishes rule for suppression when warrant affidavits contain deliberate or reckless false statements or omissions)
- United States v. Jones, 565 U.S. 400 (2012) (placing GPS tracker on vehicle is a Fourth Amendment search)
- Neil v. Biggers, 409 U.S. 188 (1972) (factors to assess reliability of identification evidence)
- Manson v. Brathwaite, 432 U.S. 98 (1977) (due process test for admissibility of eyewitness identifications)
- Brady v. Maryland, 373 U.S. 83 (1963) (prosecutor’s duty to disclose favorable, material evidence)
- Kyles v. Whitley, 514 U.S. 419 (1995) (materiality standard for suppressed evidence affecting confidence in verdict)
- United States v. Peck, 317 F.3d 754 (7th Cir. 2003) (review of affidavit strength when affidavit is sole probable‑cause support)
- United States v. Hammond, 996 F.3d 374 (7th Cir. 2021) (clear‑error standard for factual findings on suppression issues)
- Abel v. United States, 362 U.S. 217 (1960) (abandoned property doctrine and lack of Fourth Amendment protection for abandoned effects)
- United States v. Basinski, 226 F.3d 829 (7th Cir. 2000) (objective test for abandonment and reasonable expectation of privacy)