United States v. Spear, No. 10-3338 (7th Cir. 2012)Annotate this Case
Officers obtained a warrant to search defendant's home, executed it five days later, arrested and charged defendant with possessing 100 or more marijuana plants with intent to distribute, being a felon in possession of a firearm, and maintaining a place for manufacture and distribution of marijuana. The district court rejected motions to suppress that challenged statements in the affidavit: about finding a marijuana stem during a "trash pull," about the existence of PVC piping at the house, that the affiant received information from the power company about power usage, and about defendant's criminal history. The Seventh Circuit affirmed defendant's conviction, without reaching arguments about electricity usage and criminal history. Remaining elements of the affidavit supported a finding of probable cause.