United States v. Norris
2011 U.S. App. LEXIS 9222
| 7th Cir. | 2011Background
- Norris was indicted for felon in possession of a firearm under 18 U.S.C. §§ 922(g), 924(e).
- Officer Young sought a search warrant for Norris's home and person based on informants' drug activity and officer surveillance.
- Two confidential informants and Officer Young provided details; one informant conducted a controlled cocaine purchase from Norris six weeks earlier.
- A Marion County judge issued the warrant to search 2826 West 10th Street and Norris’s person for cocaine and related evidence.
- Police executed the warrant on Oct. 25, 2007; Norris, approaching the sidewalk, discarded a bag, resisted commands, and a taser was deployed.
- A small silver Derringer was discovered on the ground under Norris during the encounter; Norris pleaded guilty conditional after suppression motion denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause sufficiency of the warrant affidavit | Norris argues the affidavit was insufficient or false in parts. | Norris contends Franks issues undermine probable cause due to false/omitted facts. | Probable cause upheld; affidavit deemed reliable and sufficient. |
| Reasonableness of execution and stop | Government asserts warrant execution was reasonable and within Fourth Amendment limits. | Norris contends stop within curtilage and intrusion without adequate basis. | Warrant execution found reasonable; stop and taser justified by circumstances. |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (presumption of validity of warrant affidavit; requirement to show false statements or omissions under Franks)
- United States v. Newsom, 402 F.3d 780 (7th Cir. 2005) (probable cause review for informant-based affidavits; four guiding factors)
- United States v. Koerth, 312 F.3d 862 (7th Cir. 2002) (informant reliability and corroboration; four-factor test)
- United States v. Taylor, 471 F.3d 832 (7th Cir. 2006) (Franks analysis; standard for false statements in affidavits)
- Dalia v. United States, 441 U.S. 238 (U.S. 1979) (reasonable execution of a search under warrant; totality of circumstances)
- Horton v. California, 496 U.S. 128 (U.S. 1990) (plain view doctrine during a lawful search)
- Maryland v. Buie, 494 U.S. 325 (U.S. 1990) (safety and risk considerations during searches)