United States v. Leo, No. 14-2262 (7th Cir. 2015)
Annotate this CaseOfficer Ortiz saw men in black hoodies and recognized Aranda, who had prior convictions for drug possession and burglaries. Aranda and Leo approached a nearby duplex. Police dispatch announced that a 911 caller was reporting a possible burglary in progress at that duplex. The caller lived in the upper unit and described two Hispanic men wearing black hoodies; one had a gun. The two reappeared and walked toward a neighboring preschool. Leo was wearing a red jacket and had a backpack. Dispatch reported that the caller had given an update that one of the suspects had changed into a red jacket and that the gun was in a backpack. Ortiz announced himself, and ordered them to stop. They kept walking. Ortiz drew his gun and again yelled "stop." They complied. Ortiz handcuffed Aranda. Officer Seeger cuffed Leo. Ortiz frisked Aranda, finding nothing. Seeger patted down Leo and did not find a gun. He emptied Leo’s backpack, finding a black hoodie, a digital scale with marijuana residue, bullets, and a loaded revolver. The officers then learned that residents of the lower unit knew Leo and Aranda, and that the men had not tried to break in. Leo was on probation for attempted burglary and possession of marijuana. The district court rejected a motion to suppress. Leo conditionally pleaded guilty as a felon in possession. The Seventh Circuit vacated, finding no probable cause or basis in Terry for the warrantless search.
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