Search and Seizure — probable cause — confidential informants

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United States Court of Appeals For the Seventh Circuit

Criminal

Search and Seizure — probable cause — confidential informants

Although a confidential informant could have provided additional information regarding any past interactions with the defendant or regarding the model of firearm the defendant illegally possessed, the affidavit set forth sufficient facts to establish probable cause.

“[T]he key information provided by the informant— that he or she observed Searcy with a gun in his home—was obtained through firsthand observation. This information was also transmitted within a relatively short period of time—72 hours—before the application for the search warrant and certainly was not stale. Moreover, the information furnished by the informant was largely corroborated by law enforcement. Officer Matson, by checking the police records, which listed that location as his primary address, verified that Searcy in fact resided at 2220 Harriet Street. Officer Matson also confirmed that the utilities serving that location were in the name of Lenna Gardner, whom Officer Matson knew to be a member of Searcy’s family. Lastly, the informant’s statement that Searcy’s home was shot at by a rival gang was consistent with Officer’s Matson’s understanding that Searcy was an active member of the Vice Lords gang, which is often involved in weapons-related incidents.”

Affirmed.

11-1662 U.S. v. Searcy

Appeal from the United States District Court for the Eastern District of Wisconsin, Clevert, J., Cudahy, J.