U.S. v. Williams

Federal 7th Circuit Court
Criminal Court
Search and Seizure
Case Number: 
No. 11-3129
Decision Date: 
May 20, 2013
Federal District: 
N.D. Ill., E. Div.
In prosecution on unlawful possession of firearm charge, Dist. Ct. did not err in denying defendant's motion to suppress evidence, after Dist. Ct. had conducted Franks hearing to determine whether officers who presented affidavit to obtain warrant included intentionally false and misleading statements in order to obtain said warrant. While affidavit contained errors with respect to source of officer’s knowledge of facts and date of certain drug purchase, as well as omitted fact that informant was under arrest for unlawful purchase of firearms, Dist. Ct. could properly conclude that officer did not deliberately mislead court that issued said warrant where: (1) officers were in hurry to obtain warrant given nature of their rapidly developing investigation; and (2) officers excluded other facts from said affidavit that would have been sufficient by themselves to establish proximate cause to obtain warrant.