Suppression of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Brandon Cade

Case No.: 23-1001

Officials: Hamilton, Kirsch, and Pryor, Circuit Judges.

Focus: Suppression of Evidence

Cade was apprehended by Chicago police officers after they observed an open bottle of alcohol in a sedan beside which Cade and another individual were standing. Upon searching the vehicle, officers discovered an unlicensed firearm, which Cade admitted belonged to him. Consequently, he faced charges for possessing a firearm as a felon. Despite Cade’s efforts to suppress evidence of the gun and his self-incriminating statements, the district court dismissed his motion. Cade later entered a guilty plea while reserving his right to contest the suppression ruling. He contended that the initial encounter with the officers constituted an unlawful seizure and sought to suppress his incriminating statements, arguing that the officers lacked reasonable suspicion to detain him.

The Seventh Circuit determined that the initial interaction with the officers was consensual and did not amount to a seizure. Furthermore, even if there had been an unlawful seizure, the court found that Cade’s incriminating statements were sufficiently separate from any purportedly illegal actions. The presence of the open alcohol bottle provided probable cause for the subsequent search, which led to the discovery of the firearm. Additionally, Cade’s acknowledgment of owning the firearm occurred after he had been informed of his Miranda rights. The court concluded that there was no indication of misconduct on the part of the officers and that an evidentiary hearing was unnecessary as there were no substantial factual disputes.

Affirmed.

Decided 02/26/24

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