United States v. Paxton, No. 14-2913 (7th Cir. 2017)Annotate this Case
Five defendants were arrested as they were preparing to execute a planned robbery of a fictitious narcotics “stash house.” They had been recruited by an undercover agent, posing as a drug courier seeking to rob a Mexican drug cartel. Two of the defendants, Walker and Paxton, were arrested outside of a Chicago restaurant and placed into a police transport van that was clearly marked as a Chicago Police Department vehicle. Task force officers then drove the van to a warehouse, where the other three defendants had convened with the undercover agent for a final pre‐robbery meeting. The three were placed into the rear‐most compartment of the van along with Walker and Paxton. None were given Miranda warnings before being placed into the van. During the drive to the field office, the defendants conversed quietly. Unbeknownst to them, two recording devices had been hidden in the rear compartment of the van to capture their conversation. Although one defendant remarked that the van was “probably bugged,” the defendants continued to converse and make incriminating statements. The Seventh Circuit reversed the district court’s suppression of the recorded statements. The defendants lacked an objectively reasonable expectation of privacy in the van.