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Probable Cause – Suppression of Evidence

By: Derek Hawkins//July 1, 2019//

Probable Cause – Suppression of Evidence

By: Derek Hawkins//July 1, 2019//

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7th Circuit Court of Appeals

Case Name: United States of America v. Demontae Bell

Case No.: 17-3505

Officials: RIPPLE, HAMILTON, and ST. EVE, Circuit Judges.

Focus: Probable Cause – Suppression of Evidence

Mark Turner persuaded Demontae Bell to help him sell several stolen firearms. When Turner later ran into trouble with the law, he cooperated with law enforcement, provided information about the sale, and aided the government in targeting Bell. As a result, Bell was arrested.

Upon Bell’s arrest, an officer opened Bell’s flip phone and viewed a photograph of a firearm on the home screen in what was likely an unconstitutional search. Yet the district court declined to suppress the evidence obtained from the phone because the government subsequently obtained valid search warrants for it. Bell challenges this suppression decision on appeal. Bell also argues that his statutory and constitutional rights to a speedy trial were violated due to continuances granted by the district court and the nearly two‐year delay between his indictment and trial.

We conclude that the search warrants were supported by probable cause and that Bell’s speedy trial rights were not violated. We therefore affirm.

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.

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