United States v. Kenneth Mullins, 2015 U.S. App. LEXIS 17844

Background

In May 2013 Deputy Kyle Boomer submitted an affidavit seeking a warrant to search Kenneth Mullins’s apartment (#2), alleging Mullins and Terrance Washington used it as a stash house for cocaine and marijuana.
The affidavit relied heavily on a confidential informant (CI) who identified Washington (“T”), described a black Cadillac Escalade with Minnesota plate 161EKT, and said drugs were kept in the apartment; officers corroborated the vehicle and saw short 3–4 minute buyer visits.
Officers conducted a controlled buy during the week of May 12, 2013: the CI (after being searched and provided funds) arranged the buy, the officers observed a hand-to-hand transaction at a Family Dollar, followed the CI to deliver marijuana to police, and traced the seller back to the Escalade and apartment.
A warrant issued; execution recovered large quantities of marijuana, crack, powder cocaine, drug paraphernalia, and mail addressed to Mullins. Mullins and Washington were indicted on federal drug charges.
Mullins moved to suppress and requested a Franks hearing, arguing the affidavit contained factual inaccuracies (surveillance attribution, the CI’s phone contact was with an intermediary not T, and a false claim that Boomer relied on police reports). The district court denied suppression and a Franks hearing; Mullins pleaded guilty but reserved this appeal.

Issues

Issue	Mullins’ Argument	Government’s Argument	Held
Whether affidavit contained false statements/omissions material to probable cause (Franks materiality)	Boomer’s inaccuracies (who surveilled CI/apartment, CI spoke to intermediary, claim of police reports) undermined probable cause and warrant validity	The inaccuracies were immaterial because officers’ corroboration and controlled buy independently established probable cause	Denied Franks hearing; inaccuracies not material to probable cause
Whether CI’s reliability/basis of knowledge was sufficiently established to support probable cause	CI lacked shown firsthand knowledge of drugs in the apartment, so tip alone was insufficient	CI provided detailed information corroborated by officer surveillance and a controlled buy, satisfying Gates/Sutton factors	Probable cause established under totality of circumstances

Key Cases Cited

Franks v. Delaware, 438 U.S. 154 (1978) (establishes right to evidentiary hearing when affidavit contains intentional or reckless falsehoods material to probable cause)
Illinois v. Gates, 462 U.S. 213 (1983) (probable cause assessed under totality of the circumstances)
United States v. Sutton, 742 F.3d 770 (7th Cir.) (factors to assess informant reliability: firsthand knowledge, detail, police corroboration, time interval)
United States v. Peck, 317 F.3d 754 (7th Cir.) (informant tip lacking firsthand basis and corroboration may be insufficient)
United States v. McMurtrey, 704 F.3d 502 (7th Cir.) (inconsistencies can be material when correcting them eradicates probable cause)
United States v. Gilbert, 45 F.3d 1163 (7th Cir.) (informant reliability may be shown by independent police corroboration)
United States v. McKinney, 143 F.3d 325 (7th Cir.) (controlled buys strongly bolster informant tips)
United States v. Reddrick, 90 F.3d 1276 (7th Cir.) (controlled buys plus informant info can support probable cause)
United States v. Orozco, 576 F.3d 745 (7th Cir.) (probable cause standard for searching a drug dealer’s home)
United States v. Glover, 755 F.3d 811 (7th Cir.) (Franks hearing warranted where warrant relied almost entirely on an uncorroborated informant)
United States v. Bell, 585 F.3d 1045 (7th Cir.) (warrant deficient where officers omitted critical CI credibility/track-record information)
United States v. Robinson, 546 F.3d 884 (7th Cir.) (standard of review and Franks applicability to omissions)
United States v. Harris, 464 F.3d 733 (7th Cir.) (Franks applies to omissions; materiality test)
United States v. Williams, 718 F.3d 644 (7th Cir.) (Franks preliminary showing requirements)