U.S. v. Scott

Federal 7th Circuit Court
Criminal Court
Search and Seizure
Case Number: 
No. 12-2962
Decision Date: 
September 10, 2013
Federal District: 
N.D. Ind., Ft. Wayne Div.
In prosecution on drug and firearm offenses, Dist. Ct. did not err in denying defendant’s motion to suppress evidence seized from his home pursuant to search warrant, where application for said warrant contained one sentence of defendant’s recorded statement with third-party in his driveway, and where defendant contended that said statement was obtained secretly in violation of his 4th Amendment rights. Ct. failed to reach issue as to whether defendant had reasonable expectation of privacy in his driveway conversation, which was recorded by device in car parked in said driveway, where other evidence apart from said conversation contained in search warrant application, including police surveillance during two controlled purchases involving defendant that resulted in receipt of drugs by confidential informant, supplied sufficient probable cause to support issuance of search warrant.