United States v. Kelly, No. 14-1015 (7th Cir. 2014)
Annotate this CaseRockford Narcotics Unit Detective Jimenez obtained a warrant to search the upper apartment at 1522 Clifton for cocaine and narcotics paraphernalia. The affidavit stated that a “concerned citizen” called in that “1522 Clifton … is dealing drugs.” Weeks later, police received a complaint from Ibarra, who stated that Ibarra’s granddaughter had knocked on the rear door of that building, looking for her mother (Love). Kelly answered, holding a gun and with Love behind him, warned, “call the police, I’ll shoot them too.” Officer Kennedy visited the residence. Love came to the rear door and denied that she was there against her will. Kennedy saw Love descend interior stairs. Days later, Jimenez used a confidential informant to make a controlled purchase of crack cocaine from Kelly. Executing the warrant, officers forcibly entered through the rear door, climbed to the upper door, announced their presence, and forced entry. Jimenez then realized that Kelly lived in a rear two‐story unit . Officers continued the search. Noticing that a vent cover had been removed, officers went to the basement, walked through an unlocked door to the front, heard items drop, disassembled ductwork and recovered a handgun and crack cocaine. Officers discovered marijuana, crack cocaine, and drug paraphernalia upstairs. Kelly was charged with possession of crack cocaine with intent to distribute, possession of a firearm in furtherance of drug trafficking, and possession of a firearm by a felon. The Seventh Circuit affirmed denial of a motion to suppress; probable cause supported the warrant and the search did not exceed its scope.
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