Warrantless Search – Probable Search

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7^th Circuit Court of Appeals

Case Name: United States of America v. Adonnis Carswell

Case No.: 20-1036

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

Focus: Warrantless Search – Probable Search

A jury convicted defendant-appellant Adonnis Carswell on four drug and firearm offenses, including possession of heroin with intent to distribute. 21 U.S.C. § 841(a)(1). He raises two issues on appeal. First, he contends that the search warrant for his residence was issued without probable cause, so that the heroin, cash, and firearms found there should have been suppressed as evidence. Second, he contends that several portions of the prosecutor’s closing arguments violated his constitutional rights.

We affirm. The judge who issued the search warrant had a reasonable basis for thinking evidence of drug and firearm crimes was likely to be found at Carswell’s home. The prosecution’s closing arguments were not improper, did not make Carswell’s trial unfair, and did not deny him due process of law. We address first the search warrant issue and then the closing arguments. Key to both issues is Carswell’s trial defense, which was that the 64 grams of heroin seized in the search of his home was only for his personal use and that he was not distributing drugs of any sort.

Affirmed

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.