United States v. Searcy
2011 U.S. App. LEXIS 26017
| 7th Cir. | 2011Background
- Affidavit for search warrant relied primarily on information from a confidential informant who observed Searcy with a firearm in his home within the prior 72 hours.
- Informant’s reliability was supported by a history of providing information leading to arrests in the past six months.
- Law enforcement corroborated key details by confirming 2220 Harriet Street as Searcy’s primary address and that utilities were under a family member’s name.
- Searcy is a convicted felon and the Vice Lords gang connection was noted by the officer, tying to potential weapons offenses.
- Execution of the warrant recovered two firearms; Searcy was indicted for felon in possession of a firearm; Searcy moved to suppress, which was denied; he then pleaded under a reserved right to appeal.
- The court ultimately affirmed the denial of the suppression motion, upholding probable cause or, alternatively, the good faith exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause based on the informant’s statements? | Searcy argues the informant’s details were lacking. | Searcy emphasizes lack of specificity and corroboration. | Probable cause supported by totality of circumstances. |
| If probable cause was lacking, does the good faith exception apply? | Searcy contends Leon exception not satisfied. | Authorities reasonably relied on magistrate’s probable-cause finding. | Good faith exception applies; evidence admissible. |
| Did the informant’s reliability compensate for the lack of detail? | Searcy highlights informant’s unreliability. | Informant had recent, reliable track record and corroboration. | Informant’s reliability and corroboration sustain probable cause. |
Key Cases Cited
- United States v. Garcia, 528 F.3d 481 (7th Cir. 2008) (informant with past reliable tips supported by corroboration can establish probable cause)
- United States v. Peck, 317 F.3d 754 (7th Cir. 2003) (totality-of-the-circumstances framework for informant credibility)
- United States v. Koerth, 312 F.3d 862 (7th Cir. 2002) (informant reliability and incentives to tell truth matter for probable cause and good-faith analysis)
- United States v. Bell, 585 F.3d 1045 (7th Cir. 2009) (corroboration and informant credibility support good-faith reliance on warrant)
- Malley v. Briggs, 475 U.S. 335 (1986) (risk of calculating probable cause in warrant applications and Leon effects)