United States v. Scott, No. 12-2962 (7th Cir. 2013)Annotate this Case
While executing a search warrant, police found illegal drugs and a firearm in Scott’s home. Scott was indicted for two drug offenses and two firearms offenses. The affidavit submitted to obtain the warrant described two controlled drug buys in which detectives used a confidential informant to purchase heroin from Reynolds. On each occasion, after meeting the CI, Reynolds drove alone to Scott’s house and returned to the CI with the requested heroin. The affidavit contained one sentence describing an audio recording of a conversation between Scott and Reynolds, in Scott’s driveway, during the first controlled buy. The district court denied a motion to suppress. Scott pled guilty to possessing a controlled substance with the intent to distribute, 21 U.S.C. 841(a)(1), and was sentenced to 120 months of imprisonment. The Seventh Circuit affirmed, holding that there was sufficient evidence apart from the driveway conversation to establish probable cause for the search warrant so that it was not necessary to reach the issue of whether Scott had a reasonable expectation of privacy in his driveway conversation.