Motion to Suppress

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7^th Circuit Court of Appeals

Case Name: United States of America v. William Thomas

Case No.: 15-2483

Officials: WOOD, Chief Judge, and EASTERBROOK and KANNE, Circuit Judges.

Focus: Motion to Suppress

Warrant was supported by probable cause. Appellant improperly relies on Brady v. Maryland to contend that government violated due process rights by refusing to turn over information about confidential informant.

William Thomas pleaded guilty to all charges of a three‐count indictment: being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1); possession of heroin with intent to distribute, 21 U.S.C. § 841(a)(1); and possession of a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c). He reserved the right, however, to appeal the district court’s refusal to suppress the gun andheroin that prompted his indictment. See FED. R. CRIM. P. 11(a)(2). He has now done so. He relies principally on Brady v. Maryland, 373 U.S. 83 (1963), contending that the government violated his due process rights by refusing to turn over information about the confidential informant whose testimony formed the basis for the search warrant on which the police relied. Even if Brady applies to pretrial motions to suppress, Thomas cannot prevail. The warrant was supported by probable cause, and thus the information he seeks is not material. We therefore affirm the district court’s judgment.

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.