United States v. Common, No. 14-3480 (7th Cir. 2016)
Annotate this CaseChicago Officers were patrolling a high‐crime area. They noticed Common walking with his hand clenched, as if concealing something, and a bulge near Common’s waistband. They called out to Common, who dropped bags of crack cocaine and ran toward his residence, tripping on his stairs. The officers claim that a gun fell from Common’s pants. At the police station, the officers claim, Common was advised of his Miranda rights. Common stated: “I’m making sure nothing happens to me out there. They’re shooting.” The officers did not ask Common to write, sign, or review this alleged confession. At trial, Common admitted to possessing a personal use amount of cocaine but denied having a gun. According to Common, an officer said, “Give us a gun or you’ll get a gun.” Common’s mother, stepfather, brother, girlfriend, neighbor, and friend each testified that, during the arrest, officers referred to drugs and did not mention a gun. Common claims that he did not learn about the gun charge until he was transported to jail and that he did not know about the alleged confession until his attorney told him. After two mistrials, Common was convicted of unlawful possession of a firearm by a felon, 18 U.S.C. 922(g)(1). The Seventh Circuit affirmed, upholding denial of Common’s motion to suppress and the admission of expert testimony about the difficulty of recovering fingerprints from firearms.
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