Motion to Suppress – Lack of Probable Cause

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Criminal

7^th Circuit Court of Appeals

Officials: BAUER, EASTERBROOK, and RIPPLE, Circuit Judges

Motion to Suppress – Lack of Probable Cause

No. 14-3554 United States of America v. Andre Reaves

Reliable information from confidential informant indicating make model and year of appellants car, accompanied by officers watching the “events that [the informant] predicted unfold” sufficient for probable cause.

“We have found probable cause to search a suspect’s vehicle existed under the automobile exception based, in part, on an informant’s tip before. In United States v. Washburn, 383 F.3d 638 (7th Cir. 2004), we found that probable cause to search a vehicle existed where an informant provided inside information about the suspect’s identity and his ties to drug trafficking where that information was later corroborated by law enforcement officials. Id. at 642–43. We also noted that the informant’s reliability was confirmed as the officers “watched the events that [the informant] predicted unfold.” Id. at 642. The same happened here. The informant told police that Reaves would drive his white Chrysler Pacifica up to Detroit to receive his heroin supply, and then return to Peoria. The officers observed Reaves doing exactly this via the warrant-authorized GPS tracker. A reasonable officer, knowing what Officer Leach knew, would have had probable cause to believe Reaves’s Pacifica contained evidence of criminal activity, namely drug trafficking, under these circumstances. Thus, the police had probable cause to search Reaves’s vehicle pursuant to the automobile exception to the Fourth Amendment’s warrant requirement and Reaves’s motion to suppress was rightfully denied.”

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.