Motion to Suppress

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Criminal

7^th Circuit Court of Appeals

Officials: EASTERBROOK, SYKES, and HAMILTON, Circuit Judges

Motion to Suppress

No. 14-1530 United States of America v. Erick Charles

Judge deferred ruling on tardy motion to suppress was harmless error, ample evidence of probable cause exists.

“Although the court erred, Charles hasn’t demonstrated any prejudice. He does not claim that he would have testified at a separate suppression hearing. And in any case, probable cause to search the car was conclusively established by the details of the dispatch and Sergeant Baranowski’s observations at the scene. Charles contends that he “waived his Sixth Amendment right to a jury trial without a full understanding of the evidence against him.” But he requested a bench trial before the first hearing at which the parties addressed the motion to suppress—and the timing of its consideration—so we don’t see how anything would have changed if he had known the result of his suppression motion earlier. It’s no surprise that having made his request for a bench trial when he did, Charles now emphasizes that he isn’t challenging the validity of his jury waiver.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.