Circuit Court Opinions

The Court upheld a stop and frisk where, despite evidence that the defendant was not wearing a hoodie and the alleged suspect was reported as wearing a hoodie, the defendant acted nervously around the officer, the officer already knew the defendant was a convicted felon, and there was a “bulge” in the defendant’s pocket.

The Court held that payments made to a victim of a fraud scream can still be part of the loss amount if the payments were made “in furtherance of the scheme.”

The Court held that the officer violated the defendant’s Fourth Amendment right by opening his phone after the defendant’s arrest, where the officer saw a picture of a firearm, but affirmed the district court’s denial of the motion to suppress under the independent source doctrine, since the officers had already seen the picture on another occasion, and since there was probable cause notwithstanding the tainted picture.

The Court held that the district court lacked jurisdiction to revoke the defendant’s supervised release since the defendant was not served with a formal revocation notice until after he had served the rest of his term of supervised release in custody while awaiting the revocation proceeding. The Court also rejected the Government’s argument that the defendant’s supervised release term was tolled once he was detained with two months left in the term.

The Court affirmed the district court’s denial of the defendant’s motion to suppress based on a federal search warrant that was based on a defective state warrant. Though the Court agreed with the defendant that “any probable cause deficiency with the state search warrant would, as a matter of law and logic on these facts, heavily inform any conclusion we reach about the sufficiency of probable cause in the federal warrant application,” the Court upheld denial of the motion to suppress since the federal agents acted in good faith when they relied on the state warrant. The Court held that the focus should have been on the federal agents, who had no reason to question the integrity of the state proceedings, though the Court acknowledged that the result may have been different if the record reflected that the FBI had more knowledge about the state court proceedings

The Court held that a warrant obtained after an illegal entry was an independent legal source for the drug evidence where the warrant application was supported by probable cause without the tainted information, and the Government’s decision to seek the warrant was not motivated by the illegal entry, despite inconsistent testimony from the agent at the suppression hearing and the agents’ decision to confirm the presence of methamphetamine before seeking a warrant. 

The Court held that there was ample evidence that the money paid to the defendant-sheriff’s campaign was more than a “campaign contribution,” and that they were in fact made in exchange for “official acts,” where the evidence showed that the awarding and revoking of contracts directly corresponded to the bribes being paid.The Court also held that the district court erred in admitting Rule 404(b) evidence regarding the deposit of a substantial amount of money in the defendant’s bank account since this evidence was unduly prejudicial and provided limited probative value, especially since the amount deposited was more than double the amount of bribes taken in.

The Court held that suppression was not warranted where the defendant waived his Miranda rights, despite officers allowing him to take valium to avoid withdrawals, where there was other evidence indicating he was lucid, and where the defendant voluntarily consented to the search of his apartment upon signing a Written Consent.

The Court held that the “antique firearm defense” was an affirmative defense as opposed to an element of the 922(g). The Court acknowledged that it remains an open question whether the “antique firearm defense” is objective, meaning that the age of the firearm alone determines the availability of the defense, or whether the defense is subjective, meaning the defense applies when a defendant reasonably believes the firearm was manufactured before 1899.

The Court held that it was plain error for the district court to accept the defendant’s plea to armed robbery where the factual basis was based on his placing a closed pocket knife on the bank teller’s counter while pulling a plastic bag out of his pocket, as this did not constitute “use of a deadly weapon.”