United States v. Glover, No. 13-2475 (7th Cir. 2014)
Annotate this CaseChicago Officer Brown submitted a probable cause affidavit, stating that confidential informant “Doe” had stated that a felon, known to Doe as “T.Y.,” possessed a semiautomatic and a .38-caliber revolver; that Doe had seen the guns in T.Y’s house the day before and many times during the last six weeks; that T.Y. needed the guns because he sold heroin; and that T.Y. was a member of a gang and part of a crew that robbed people. The affidavit described corroboration of the address and Does’ identification of a police photograph of Glover as “T.Y.” Glover had two felony convictions. Doe identified the house at Glover’s address. The affidavit did not include any information on Doe, an informant for six years. He had been affiliated with a gang; had 14 convictions, including four for crimes committed while working as an informant; had used aliases when questioned by police; and had previously been paid for information. That evening officers executed the warrant and found guns, ammunition, 14 grams of heroin, and drug paraphernalia. Doe was paid $450. After the district court denied a motion to suppress, Glover entered a plea, reserving his right to appeal. The Seventh Circuit reversed and remanded for a Franks hearing. The affidavit provided an insufficient basis for the warrant; it omitted all information regarding the informant’s credibility. The affidavit was not so “bare bones” that officers’ good faith reliance on it was unreasonable, but that omission is sufficient to raise an inference of reckless disregard for the truth that could undermine the good faith exception.
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