United States v. Curlin, No. 10-3033 (7th Cir. 2011)
Annotate this CaseOfficers, executing an eviction order, discovered marijuana and firearms in plain sight in defendant's apartment. The defendant entered a guilty plea to possession of firearms by a felon (18 U.S.C. 922(g)), conditioned on his motion to suppress. The district court denied the motion without an evidentiary hearing. The Seventh Circuit affirmed, holding that there were no issues of disputed material fact. Having been lawfully evicted two weeks earlier, the defendant had no right to be in the apartment and had no legitimate expectation of privacy; the writ authorized removal of his possessions. The officers had knowledge of the defendant's criminal history, so the incriminating nature of guns in the bedroom closet was immediately apparent.
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