U.S. v. Sewell

Federal 7th Circuit Court
Criminal Court
Search and Seizure
Citation
Case Number: 
No. 14-1384
Decision Date: 
March 13, 2015
Federal District: 
N.D. Ind., Ft. Wayne Div.
Holding: 
Affirmed and vacated in part and remanded
In prosecution on drug and unlawful possession of firearm charges that arose out of search of home of defendant’s wife, record supported magistrate judge’s finding that police had probable cause to search said home, where: (1) affidavit supporting application for search warrant indicated that police had chronicled defendant’s involvement in certain drug deals through recorded telephone conversations; (2) police had previously seized drugs and cash that stemmed from information obtained in recorded conversations involving defendant; and (3) police could reasonably believe that drugs and cash would be located in home of defendant’s wife, where defendant had also been observed on three prior occasions. Record also contained sufficient evidence to support defendant’s unlawful possession of firearm charge, even though wife testified that gun found under bed was hers, where defendant told police officers where gun was located at time officers were conducting search of wife’s home, and where wife was unable to describe simple details about gun.