Franks Hearing

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Criminal

7^th Circuit Court of Appeals

Officials: BAUER, FLAUM, and HAMILTON Circuit Judges

Franks Hearing

Nos. 14-2792; 14-2759; 14-2792 United States of America v. Shannon L. Gregory, Donald P. Cipra, and Eric M. Konrady

Where appellant fails to show that police officers intentionally or recklessly included false information in search warrant.

“To summarize, Scott Gregory provided accurate information to law enforcement about where Cipra and Shannon Gregory lived, what cars they drove, and that they owned firearms. Not only does this reflect sufficient corroboration of Scott Gregory’s information by law enforcement, it also reflects the firsthand nature of Scott Gregory’s descriptions. (It would be peculiar for Scott Gregory to have specific familiarity with Cipra’s and Shannon Gregory’s residences, vehicles (down to the make, model, and color), and whether they possessed firearms unless Scott Gregory had firsthand knowledge of these facts.) Also reflective of the firsthand quality of Scott Gregory’s information, he conveyed a very detailed understanding of how Defendants’ cannabis operation worked. He indicated that Cipra and Shannon Gregory had been running an indoor cannabis grow operation for over seven years, and that for the last two years, they based their operation out of the 1025 and 1027 residences. He also specifically estimated the number of cannabis plants that he personally observed inside the 1027 residence (480), provided photographs of those plants, and informed investigators of how much Cipra and Shannon Gregory would sell the cannabis for once harvested (a price that comported with investigators’ experience in the field). Although Scott Gregory did not provide photographs from the 1025 residence, he communicated specific knowledge of its role in the operation—i.e., that the 1025 residence housed cannabis plants in the vegetative and flowering stages, while the 1027 residence housed “cloned” cannabis plants.“

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.