United States v. McDuffy
636 F.3d 361
7th Cir.2011Background
- Police obtained a warrant to search McDuffy’s Rock Island home for marijuana and other drugs and found 11 grams of crack cocaine instead.
- McDuffy pled guilty to possession with intent to distribute five grams or more of crack cocaine under 21 U.S.C. § 841(a)(1) and preserved appeal of the district court’s denial of a Franks hearing.
- The supporting affidavit claimed ongoing drug activity but did not quantify the marijuana found in McDuffy’s trash; the quantity remained unspecified.
- A state judge issued the search warrant based on the affidavit without indicating amount; police later found crack cocaine at the home.
- McDuffy moved to suppress and sought a Franks hearing; the district court denied both, ruling the affidavit supported probable cause even without the quantity.
- On appeal, the Seventh Circuit held that omitting the marijuana quantity was not material and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Franks hearing was properly denied | McDuffy argues omission of quantity undermines probable cause | United States contends total information still supports probable cause | Franks hearing denial affirmed; omission not material |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (probable-cause basis for Franks hearing)
- United States v. Gates, 462 U.S. 213 (1983) (totality of the circumstances probable cause framework)
- United States v. Olson, 408 F.3d 366 (5th Cir. 2005) (reliance on cumulative details for probable cause)
- United States v. Aljabari, 626 F.3d 940 (7th Cir. 2010) (totality-of-the-circumstances approach in probable cause)
- United States v. Dismuke, 593 F.3d 582 (7th Cir. 2010) (Franks materiality and reliability of informants)
- United States v. Sidwell, 440 F.3d 865 (7th Cir. 2006) (franks materiality and probable cause review)
- United States v. Billian, 600 F.3d 791 (7th Cir. 2010) (tiny trash quantities indicate possibility of more in home)
- United States v. Colonna, 360 F.3d 1169 (10th Cir. 2004) (support for probable cause from small trash amounts)
- People v. Balsley, 769 N.E.2d 153 (2002) (tiny quantities of marijuana in trash can support probable cause)
- United States v. Biondich, 652 F.2d 743 (8th Cir. 1981) (prior drug history and corroborating details can sustain probable cause)