United States v. Simmons
2011 U.S. Dist. LEXIS 30116
N.D. Ill.2011Background
- Simmons is charged with being a felon in possession of firearms under 18 U.S.C. § 922(g)(1).
- A search warrant was executed on 604 N. Trumbull, Chicago, leading to seizure of guns, ammunition, drugs, money, and Simmons’ ID and belongings.
- Warrant supported by a complaint based on a confidential informant (CI) named John Doe, arrested Jan 12, 2010 for solicitation; CI led officers to target location.
- Officer Murphy allegedly omitted the CI’s criminal history, arrest status, and reliability concerns from the complaint to the issuing judge.
- Judge Skyrd issued the warrant based on the complaint; CI later pled guilty to solicitation; Simmons seeks suppression arguing Fourth/Fourteenth Amendment violations.
- The court grants Simmons’ suppression motion, finding the omissions were intentional or reckless and material to probable cause; good faith exception does not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the warrant supported by probable cause given omissions? | Simmons; omissions about CI's reliability undermine probable cause. | Simmons contends omissions render warrant invalid under Franks. | Omissions were material and intentional/reckless; probable cause lacking. |
| Did the omissions warrant suppression under Franks v. Delaware? | Omissions were deliberate and critical to probable cause. | Omissions were not material to reliability. | Omissions were material; suppression required. |
| Can the good-faith exception save the search? | Even with omissions, LE reliance could be in good faith. | Good faith not guaranteed when omissions are reckless. | Good faith exception does not apply; suppression warranted. |
| Did police corroboration compensate for CI doubts? | Corroboration insufficient given CI’s untested reliability. | Some corroboration supports reliability. | Corroboration insufficient under totality of circumstances. |
Key Cases Cited
- United States v. Dismuke, 593 F.3d 582 (7th Cir. 2010) (probable cause assessed under totality of circumstances; Franks applicability to omissions)
- Franks v. Delaware, 438 U.S. 154 (1988) (reckless or knowingly false statements invalidate warrant; omissions analyzed similarly)
- Whitlock v. Brown, 596 F.3d 406 (7th Cir. 2010) (presumption of warrant validity can be overcome by omissions showing recklessness)
- United States v. Koerth, 312 F.3d 862 (7th Cir. 2002) (informant reliability factors for probable cause)
- United States v. Hall, 113 F.3d 157 (9th Cir. 1997) (government's withholding of informant credibility undermines probable cause)