528 F.3d 481 (7th Cir. 2008), 07-3582, United States v. Garcia

Docket Nº:07-3582.
Citation:528 F.3d 481
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Armando GARCIA, Defendant-Appellant.
Case Date:June 03, 2008
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit

Page 481

528 F.3d 481 (7th Cir. 2008)

UNITED STATES of America, Plaintiff-Appellee,


Armando GARCIA, Defendant-Appellant.

No. 07-3582.

United States Court of Appeals, Seventh Circuit.

June 3, 2008

Argued April 14, 2008.

Page 482

Michelle L. Jacobs (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.

Jeffrey W. Jensen (argued), Milwaukee, WI, for Defendant-Appellant.

Before FLAUM , EVANS , and TINDER , Circuit Judges.

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EVANS , Circuit Judge.

A jury convicted the defendant, Armando Garcia, of possession with intent to distribute 500 grams or more of cocaine; he was subsequently sentenced to 97 months imprisonment. Garcia now appeals three of the district court's rulings. His primary complaint-which consumed the entire discussion at oral argument-is that the district court should have suppressed evidence seized during the execution of a search warrant at his girlfriend's apartment because the warrant lacked probable cause. The magistrate judge (Aaron E. Goodstein) agreed with Garcia and recommended that the motion to suppress be granted. The district judge (Rudolph T. Randa), however, found that the warrant was supported by probable cause and, in the alternative, even if probable cause was lacking, the “good faith" exception to the exclusionary rule applied and the evidence should not be suppressed.

On October 30, 2006, Milwaukee County Court Commissioner Barry Slagle issued a search warrant based entirely on the affidavit of Detective David Baker. The affidavit was of the “fill-in-the-blanks" variety (which, we were troubled to hear, is regularly used in Milwaukee County) and stated that a confidential informant was inside Garcia's residence and, within 72 hours beforehand, observed “an off white powdery substance packaged in a plastic bag in the living area of the house[.]" Based on the informant's past involvement in the sale of controlled substances and personal experience, the informant believed the white substance he saw was cocaine. The affidavit also stated that Baker believed that the informant was credible because he had previously provided officers with information that led to the arrest of “more than two" fugitives and to the arrest and conviction of one other person in relation to drug trafficking.

Law enforcement officers executed the search warrant the same day it was issued. Upon breaching the door, they found Garcia's girlfriend, Gabriela Ordoñez, holding a baby in the living room. They then moved to the bedroom and found Garcia. As they entered, Garcia dove for the bed and began reaching under the mattress. The officers then placed Garcia in handcuffs and searched him; they found approximately $1,000 in cash and a small quantity of cocaine in his pockets.

After securing the apartment the officers began their search. In the bedroom where they had located Garcia they noticed a large piece of wood on the floor; the wood was discovered to be the cover to an (open) access panel on the wall. Inside the panel the officers found four individually wrapped kilograms of cocaine. Under the mattress where Garcia had been reaching they found a loaded .38 caliber handgun. In the bedroom closet they found a locked safe containing five bags of cocaine totaling 132 grams, approximately $25,000, a 2000-gram capacity scale, an insurance card bearing Garcia's name, other papers bearing Garcia's name, a gold bracelet with “Garcia" printed on it, and drug notes. The officers also found cocaine residue on a wooden bench in the middle of the floor. Under the bench was a five-pound capacity scale. In the hall closet the officers found a baggie of cocaine near a pill bottle bearing Garcia's name.

During the search Garcia told an officer that he lived at the residence and that Ordoñez had nothing to do with the cocaine. Later, at the police station, the officers interviewed Garcia after advising him of his Miranda rights. During that interview Garcia admitted to living at the apartment with Ordoñez. He said that the $25,000 found in the safe belonged to him but that he had earned it selling cars. Garcia admitted that he regularly used

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cocaine but did not claim ownership of the four kilograms found in the bedroom wall.

Based on this evidence, a grand jury returned a two-count indictment charging Garcia with possession with intent to distribute 500 grams or more of cocaine, in...

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