In prosecution on drug trafficking and firearm charges, Dist. Ct. did not err in denying defendant’s motion to suppress evidence seized pursuant to home detention compliance check. While defendant argued that instant search amounted to unlawful warrantless law enforcement search disguised as home detention compliance check, Ct. of Appeals found that said search was lawful, where, because of his status as person on home confinement, defendant’s expectation of privacy was minimal, especially where defendant had previously waived all of his 4th Amendment rights as condition of going on home confinement status, and where other investigation had indicated that defendant might be committing drug crimes and skirting residency requirements. Dist. Ct. also did not err in imposing four sentencing enhancements, i.e., for being manager or supervisor on drug offenses, maintaining premises for purposes of distributing controlled substances, possessing fire firearms and being career offender, where all four enhancements were supported by record, and where Dist. Ct. indicated that it would impose instant below-Guidelines, 360-month sentence regardless of existence of instant enhancements.
Federal 7th Circuit Court
Criminal Court
Search and Seizure