U.S. v. Bailey

Federal 7th Circuit Court
Criminal Court
Evidence
Citation
Case Number: 
No. 23-2258
Decision Date: 
December 2, 2024
Federal District: 
W.D. Wis.
Holding: 
Affirmed.
Judge: 
SYKES

Defendant was charged with unlawfully possessing a firearm as a felon and filed a motion to suppress the gun by arguing that his arrest was not supported by probable cause. The district court denied the motion and defendant entered a conditional guilty plea. On appeal, defendant asked the appellate court to set aside the magistrate judge’s findings regarding the credibility of the arresting officer. The Seventh Circuit affirmed, noting that credibility determinations receive special deference and are rarely overturned and that there was no reason to do so where the officer’s testimony did not contradict the body-camera video. (BRENNAN and SCUDDER, concurring)