Probable Cause

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7^th Circuit Court of Appeals

Case Name: United States of America v. Deandre Cherry

Case No.: 17-3018

Officials: FLAUM, ROVNER, and SCUDDER, Circuit Judges.

Focus: Probable Cause

Deandre Cherry’s heroin customers had been complaining about the poor quality of his supply, so on a rainy night in May 2012, he drove into a parking lot in Markham, Illinois hoping to exchange his inventory of low‐ quality heroin for a better supply of cocaine that his supplier had just picked up at O’Hare airport. Unbeknownst to Cherry, however, his supplier had just been arrested picking up the cocaine and, since his hopes were for a better deal for himself, decided to cooperate and help the Drug Enforcement Agency (DEA) agents ensnare another dealer down the line. Instead of the exchange, Cherry was arrested mid‐deal and eventually sentenced to 240 months’ imprisonment. Cherry appeals, claiming the agents lacked probable cause to arrest him and search his vehicle. He also claims they failed to preserve exculpatory evidence. We affirm the holding of the district court in all respects.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.