United States v. Spears
2012 U.S. App. LEXIS 4822
| 7th Cir. | 2012Background
- Magistrate issued a search warrant for Spears's home on Aug 1, 2008; warrant affidavit relied on a confidential informant's tip about a marijuana grow operation and related equipment, including PVC piping and electricity usage information.
- Officers executed the warrant Aug 6, 2008 and found 555 live marijuana plants, processed marijuana, grow equipment, a firearm, and ammunition; Spears was charged with possession of 100+ plants with intent to distribute, felon in possession of a firearm, and maintaining a place for drug manufacturing.
- Spears moved to suppress evidence via Franks v. Delaware, challenging statements in the affidavit (marijuana stem found, PVC piping, NIPSCO electricity usage, and Spears's criminal history).
- The district court held a Franks hearing, concluded no material false statements were made intentionally, and denied suppression.
- On appeal, the Seventh Circuit held no clear error on the Franks findings regarding the stem and PVC piping, declined to rule on electricity usage and criminal history because remaining information supported probable cause, and affirmed Spears's conviction.
- Franks standard governs whether misrepresentations require suppression; the court reviews de novo the sufficiency of probable cause after removing false material.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Franks violation from trash pull statements | United States argues no falsehood or intent to deceive. | Spears contends intentional/reckless omissions misled magistrate. | No clear error; no Franks violation found. |
| PVC piping omission | United States asserts no material omission affecting probable cause. | Spears argues informant's claim of PVC piping was false. | No clear error; no Franks violation established. |
| NIPSCO electricity usage and criminal history information | United States maintains information was properly presented as part of overall reliance on informants. | Spears claims misrepresentation/misleading the magistrate. | Even if stricken, remaining affidavit supports probable cause; no reversal. |
| Overall probable cause after stripping misstatements | United States contends totality of facts shows probable cause. | Spears argues stripping misstatements undermines probable cause. | Probable cause upheld; conviction affirmed. |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (presence of material misrepresentations in warrant affidavit requires suppression if material to probable cause)
- United States v. Whitley, 249 F.3d 614 (7th Cir. 2001) (clear-error review of Franks-related findings; narrow scope after hearing)
- United States v. McAllister, 18 F.3d 1412 (7th Cir. 1994) (affiant's reliance on information from others can be considered in Franks)
- United States v. Pritchard, 745 F.2d 1112 (7th Cir. 1984) (Franks evaluation of sources of information)
- United States v. Koerth, 312 F.3d 862 (7th Cir. 2002) (factors for informant-based probable cause)
- United States v. Garcia, 528 F.3d 481 (7th Cir. 2008) (probable-cause review after Franks considerations)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances approach to probable cause)
- United States v. Mancari, 463 F.3d 590 (7th Cir. 2006) (post-Franks review standards in the Seventh Circuit)
- United States v. Ruiz, 664 F.3d 833 (10th Cir. 2012) (discussion of probabilistic evaluation after Franks)
- United States v. Davis, 714 F.2d 896 (9th Cir. 1983) (source-of-information disclosures and accuracy in affidavits)
- United States v. Huggins, 299 F.3d 1039 (9th Cir. 2002) (material omissions in similar context)