United States v. Ottriez Sands, 815 F.3d 1057

Police received reliable information from a long-registered confidential informant that a suspect was selling narcotics from a gold Toyota Camry; informant provided plate and suspect description.
Officer Williams corroborated the informant’s tip by locating the gold Camry at 71st and Paxton and observing a hand-to-hand transaction through the driver’s window that he believed was a narcotics sale.
Williams radioed an enforcement team; Officer Kilroy drove an enforcement vehicle to the Camry, parked nearby, and approached the car.
Kilroy observed Sands holding a firearm and moving it into the Camry’s center console; officers removed and detained Sands; Kilroy later found the gun and bags of marijuana under a false console floor.
Sands was indicted under 18 U.S.C. § 922(g)(1) (felon in possession). He moved to quash the arrest and suppress evidence (Fourth Amendment) and was precluded from arguing at closing that a third party placed the gun in the console; the district court denied suppression and granted the in limine motion. Jury convicted Sands.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether arrest/search violated Fourth Amendment (probable cause)	Williams and Kilroy had probable cause to arrest/search because Williams corroborated informant and observed a drug sale	Sands: parking of enforcement vehicle constituted an arrest before Kilroy saw the gun; subsequent observations and search therefore tainted and must be suppressed	Court: Officers had probable cause; collective-knowledge doctrine imputes Williams’s knowledge to Kilroy; vehicle exception justified warrantless search; denial of suppression affirmed
Whether district court erred by precluding argument that third party (Hunter) placed the gun in console	Sands: should be allowed to argue Hunter put the gun in console as an alternative theory	Government: no evidence supported claim that Hunter placed the firearm in console; argument would introduce facts not in evidence	Court: District court did not abuse discretion; defense may argue gun belonged to Hunter but may not assert unsupported fact that Hunter placed it in console

United States v. Freeman, 691 F.3d 893 (7th Cir. 2012) (standard of review for suppression rulings: facts for clear error, law de novo)
United States v. Williams, 627 F.3d 247 (7th Cir. 2010) (collective-knowledge doctrine elements)
Abbot v. Sangamon Cnty., Ill., 705 F.3d 706 (7th Cir. 2013) (probable cause definition for arrests)
California v. Hodari D., 499 U.S. 621 (1991) (seizure occurs upon submission to authority)
Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances standard for probable cause)
United States v. Lechuga, 925 F.2d 1035 (7th Cir. 1991) (blocking vehicles alone does not necessarily constitute an arrest)
United States v. White, 443 F.3d 582 (7th Cir. 2006) (closing argument theory must have foundation in the evidence)