U.S. v. Robinson
| Decision Date | 23 October 2008 |
| Docket Number | No. 07-4048.,07-4048. |
| Citation | 546 F.3d 884 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Timothy ROBINSON, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Michelle L. Jacobs (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.
Brian P. Mullins (argued), Federal Defender Services of Eastern Wisconsin, Inc., Milwaukee, WI, for Defendant-Appellant.
Before CUDAHY, FLAUM, and ROVNER, Circuit Judges.
Symone Evans told police that her ex-boyfriend Timothy Robinson possessed a firearm in his home. Based on this information, police recovered a firearm and ammunition from Robinson's residence. Since Robinson had a previous felony conviction, his possession of the gun violated 18 U.S.C. § 922(g)(1). After his indictment, Robinson filed a motion to suppress all evidence seized from his residence, arguing that the officer who obtained the search warrant made material omissions in his supporting affidavit. Robinson also asked for a hearing pursuant to Franks v. Delaware, 438 U.S. 154, 155-56, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). The district court denied his motion to suppress as well as his request for a Franks hearing. For the reasons explained below, we affirm.
On March 27, 2005, approximately one month before the search warrant at issue in this case was obtained, Symone Evans, defendant Timothy Robinson's ex-girlfriend, was charged in Wisconsin's Ozaukee County Circuit Court with criminal damage to property and disorderly conduct. The complaining witness in the case was Robinson. Robinson explained to officers that he was at the Sybaris Pool Suites hotel with another woman when Evans came to the hotel. Evans banged on the door and Robinson went outside of the room to speak to her. Robinson stated that Evans began yelling and threatened him with a knife. Robinson ran to the hotel office; Evans followed him there and proceeded to bang on the office windows. Evans was arrested and charged with the two counts noted above. As part of her bail conditions, she was not to have contact with Robinson. Although Evans made her initial appearance on the charge, she failed to appear at a status conference on April 17, 2007 and a bench warrant was issued. Evans was charged with bail jumping on April 19, 2007.
On May 1, 2007, Evans went to Milwaukee police with information about Robinson's involvement in a domestic battery and possession of a firearm. In an affidavit submitted to the Milwaukee County Circuit Court, police officer Michael Wawrzyniakowski recounted Evans's statements in order to obtain a search warrant for Robinson's home. According to Officer Wawrzyniakowski, Evans stated that within 24 hours of May 1, 2007, she had observed Robinson armed with a black handgun inside his residence. The officer noted that Evans "had a very sound understanding of firearms basics and knew the difference between semi-automatic weapons, revolvers, rifles, shotguns, and non-firearm weapons like compressed air guns." Def.App. at 3. Officer Wawrzyniakowski also stated that Evans had described Robinson in detail and positively identified Robinson in a photograph. Finally, Officer Wawrzyniakowski attested that he had independently confirmed that Robinson had been convicted of a felony and that Robinson lived at the address provided by Evans.
Regarding Evans's credibility, Officer Wawrzyniakowski stated:
This affiant believes that the "victim/witness" is credible because the "victim/witness" has come forward to this affiant to report the crime of Felon in Possession of a Firearm and Battery, Domestic Violence related. The "victim/witness" has also given personal knowledge of Robinson regarding the fact that he has prior felony arrests, is out on bail for "dealing drugs," and has known Robinson for thirteen (13) years.
That the "victim/witness" has given this affiant information about herself regard [sic] the fact that she has outstanding warrants in Ozaukee County regarding Damage to Property. That the "victim/witness" has also given this affiant information on other subject's [sic] wanted on warrants that was confirmed through wanted checks.
Def.App. at 4. Officer Wawrzyniakowski did not include the details of the events at the Sybaris Pool Suites hotel and resulting charges, nor the fact that Evans had violated her bail conditions by going to Robinson's house the day before.
A search warrant was issued by the Milwaukee County Circuit Court on May 2, 2007. Officers seized a firearm and ammunition in Robinson's residence. Robinson was arrested, made incriminating statements to law enforcement, and was charged with possessing a firearm and possessing ammunition after he had been convicted of a felony, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
After Robinson was indicted, he filed a motion to suppress all evidence seized from his residence. Robinson argued that Officer Wawrzyniakowski's affidavit made material omissions because it did not include mention of the events at the Sybaris Pool Suites, the exact charges resulting from that altercation, or the conditions of Evans's subsequent bail. Robinson argued that these omissions were made either knowingly or with reckless disregard for the truth, and that the issuing court would not have found probable cause if the omitted information had been included. Robinson also asked for a hearing pursuant to Franks v. Delaware, 438 U.S. 154, 155-56, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978).
The presiding magistrate judge recommended that Robinson's motion to suppress be denied without a hearing because the affidavit contained sufficient information to establish probable cause. The judge acknowledged that the criminal charges against Evans could detract from her credibility but noted that a person is less likely to maliciously utilize the criminal justice system for revenge where, as here, doing so exposes the person to criminal liability. The magistrate judge also stated that the battery charge that Evans mentioned to Officer Wawrzyniakowski was significant. As the judge stated: Def.App. at 18. The magistrate judge concluded that even if all the information on Evans's arrest had been included in the affidavit, probable cause still would have existed.
Robinson objected to the magistrate judge's recommendation. However, in an oral ruling from the bench, the district judge adopted the recommendation. Regarding Evans's credibility, the district court stated:
On the one hand, one might reasonably conclude that information regarding Miss Evans's criminal complaint demonstrates that there was clearly animosity between herself and Mr. Robinson. And had Miss Evans informed law enforcement of Mr. Robinson's offense due to a desire to harass Mr. Robinson this would clearly undermine her veracity and credibility.
On the other hand, it is important to consider the reality that Miss Evans was reporting not only the felon in possession crime but also a crime of domestic violence that he allegedly committed. In this sense the information that Evans and Robinson had been previously involved in altercations would only corroborate in the view of this Court a finding of probable cause.
Def.App. at 27-28. The district court ruled that the affidavit was supported by probable cause and that Robinson had not pointed to anything in the record demonstrating that the omission was intentional or reckless.
Robinson appeals the district court's denial of a Franks hearing.
This Court reviews a district court's denial of a Franks hearing for clear error. See United States v. Harris, 464 F.3d 733, 737 (7th Cir.2006). Although the factual portion of the clear error inquiry requires deference to the district court, any legal determinations that factored into the district court's ruling are reviewed de novo. Id.
The Fourth Amendment requires that, absent certain exceptions not applicable here, police must obtain a warrant from a neutral and disinterested magistrate before commencing a search. See Jones v. Wilhelm, 425 F.3d 455, 462 (7th Cir.2005). No warrant shall issue unless there is probable cause, as typically set forth in a warrant affidavit, to justify the search. Probable cause is established when, considering the totality of the circumstances, there is sufficient evidence to cause a reasonably prudent person to believe that a search will uncover evidence of a crime. See Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). The Fourth Amendment requires an evidentiary hearing regarding the veracity of information included in an application for a search...
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