208 F.3d 603 (7th Cir. 2000), 99-2359, United States v. Jones Jr.

Docket Nº:99-2359
Citation:208 F.3d 603
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ANTHONY JONES, JR., Defendant-Appellant.
Case Date:March 31, 2000
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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208 F.3d 603 (7th Cir. 2000)

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

ANTHONY JONES, JR., Defendant-Appellant.

No. 99-2359

In the United States Court of Appeals, For the Seventh Circuit

March 31, 2000

Argued December 6, 1999

Appeal from the United States District Court for the Central District of Illinois, Springfield Division. No. 98-30027--Richard Mills, Judge.

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[Copyrighted Material Omitted]

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Before Bauer, Diane P. Wood and Evans, Circuit Judges.

Bauer, Circuit Judge.

Anthony Jones, Jr. ("Jones") was indicted by a federal grand jury in the Central District of Illinois for being a felon in possession of a firearm in violation of 18 U.S.C. sec.922(g). After the District Court denied his request for a Franks hearing and his motion to quash his arrest and suppress evidence, Jones entered a conditional plea of guilty, preserving his right to appeal the denials of those motions. He was sentenced to a term of 60 months imprisonment, to be followed by a three year term of supervised release, and ordered to pay a $1,000 fine and a $100 special assessment. Jones appeals, claiming that the search warrant was facially invalid, not supported by probable cause and that its execution was unreasonable because the police did not knock and announce their presence before bursting into his home. We affirm the District Court rulings finding the warrant and its execution valid.

I. BACKGROUND

On January 25, 1998, police officers obtained and executed a search warrant for Jones' home at 2268 South 9th Street, in Springfield, Illinois. Based upon information from a confidential informant, they suspected that Jones was dealing marijuana and was illegally in possession of a handgun. During their search they seized several bags of what they suspected to be marijuana, along with a 9mm semi-automatic handgun, a shotgun and several thousand dollars in cash.

"Jane Doe", the confidential source, told Springfield Police Department Officer Steven Welsh and averred in an affidavit in support of the complaint for search warrant, that she had gone to Jones' house at "2269 S. 9th Street"1 on the afternoon of January 24th, 1998 to purchase marijuana. It was not her first buy from Jones. She

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stated that she had purchased approximately twelve pounds of marijuana from him on at least three previous occasions. On this afternoon, she paid Jones $1,100.00 for a pound of marijuana that Jones had "fronted" her and received another pound of marijuana which she agreed to pay for in a few days. As she was leaving, Doe saw an additional pound of marijuana on the kitchen table. Doe also stated that Jones told her that he kept a pistol at the house to protect his drug supply and that he had been in jail in the past, but he did not say for what crime.

To corroborate this information, Officer Welsh, accompanied by Jane Doe, drove by the residence at 2268 S. 9th Street at 11:30 pm on January 24, 1998. Doe identified it as Jones' house, and Officer Welsh observed two vehicles parked in the driveway. Officer Welsh later confirmed that one of the vehicles was registered to Anthony Jones at 2268 S. 9th Street.

Officer Welsh also verified Doe's story by checking Jones' criminal history, which showed that Jones had been arrested 27 times, with 8 convictions. Two of the convictions were for homicides, one was for armed robbery and five were for dangerous drugs.

Officer Welsh presented these facts in an affidavit and complaint for search warrant to the judge. Jane Doe also executed an affidavit, which was attached to and incorporated into Officer Welsh's warrant affidavit. She appeared with Officer Welsh before the issuing judge and swore to the truth of the information in her affidavit. Based on all of this, the judge issued a warrant to search the property at:

2268 S. 9th St., Springfield, Sangamon County, Illinois. The residence on the property is a two story single family dwelling, that is light green in color. The residence is the second structure north of Princeton street, on the east side of 9th street. The front door faces north. The numbers 2268 are affixed to the front of the residence. There is a chainlink [sic] fence that surrounds the back yard.

The warrant was executed during the early morning hours of January 25, 1998. The marijuana, cash and weapons were seized. Jones was then charged with unlawful possession of a firearm by a felon.

After his indictment, Jones requested a Franks hearing. He initially challenged only the adequacy of the search warrant, claiming that it was fatally defective because it was based on false information provided by Jane Doe. After that motion failed, Jones filed a second motion attacking not only the adequacy of the search warrant but also the manner of its execution. His second motion asserted...

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