Motion to Suppress – Admission of Testimony

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7^TH Circuit Court of Appeals

Case Name: United States of America v. Adolph Common

Case No.: 14-3480

Officials: FLAUM and RIPPLE, Circuit Judges, and PETERSON, District Judge

Focus: Motion to Suppress – Admission of Testimony

Motion to suppress confession of appellant properly denied – appellant fails to provide evidence of court error in finding officer testimony is not credible.

“However, Common has not shown that the district court clearly erred in finding that the officers were credible. The district court acknowledged Common’s argument but was not convinced. The court noted that police reports are often not as detailed as they could be. Additionally, the court was convinced by Hanrahan’s explanation for why he wrote that Common confessed to Murphy, even though Hanrahan was also present for the confession. Hanrahan explained that he wrote the reports this way “because Officer Murphy was the one talking to [Common] and the one asking the questions.” The district court’s findings are not “completely without foundation,” thus we will not second guess its credibility determination. See Huebner, 356 F.3d at 812.”

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.