Suppression of Evidence-Validity of Search

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7^th Circuit Court of Appeals

Case Name: United States of America v. Harold McGhee

Case No.: 23-1615

Officials: Easterbrook, Brennan, and Kirsch, Circuit Judges.

Focus: Suppression of Evidence-Validity of Search

Harold McGhee was convicted and sentenced for drug trafficking. In August 2021, law enforcement received intel from a confidential source regarding a cocaine distributor operating in Peoria, Illinois. This dealer, alleged to drive a Chevy Malibu, was reportedly supplying cocaine to a residence on West Millman Street. Utilizing this information, along with details from other informants and a tracking warrant, authorities identified McGhee as the suspected dealer. Subsequently, they conducted three controlled buys and a trash pull at McGhee’s residence, uncovering rubber gloves and baggies containing a white powdery substance testing positive for cocaine. This discovery prompted a search warrant for McGhee’s residence, vehicle, person, and electronic devices, resulting in the seizure of nearly a kilogram of various drugs, a handgun, and other paraphernalia associated with drug trafficking.

McGhee sought to suppress the evidence retrieved from his residence and moved for a hearing to contest the validity of the search warrant. He contended that the affidavit’s use of “SUBJECT PREMISES,” in reference to both his residence and the Millman Street house, was excessively ambiguous. However, the district court dismissed his motion. McGhee later renewed his motion to suppress, arguing that the trash pull was constitutionally unreasonable due to its execution without a warrant. Again, the court denied this motion.

Upon appeal, McGhee raised ten challenges to the criminal proceedings resulting in his convictions and sentence. While the court assessed some of his arguments on their merits, others were resolved on procedural grounds. Ultimately, the court upheld the judgment of the district court in all aspects.

Affirmed.

Decided 04/11/24

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