United States v. Gregory, No. 14-2747 (7th Cir. 2015)
Annotate this CaseCipra, Gregory, and Konrady ran a cannabis grow operation at in Lee County, Illinois for two years. Shannon Gregory’s brother, Scott, contacted the DEA and provided detailed information about the operation. DEA Agent Washburn contacted an Illinois State Police Inspector, who independently verified much of the information and obtained search warrants. Following a search of the residences— which revealed an extensive cannabis grow operation— the three were arrested and charged with drug and weapon offenses. Defendants filed motions to suppress the evidence from the search, claiming a lack of probable cause. In light of assertions from Scott Gregory that investigators had asked him to lie about the information he provided, they also requested a Franks hearing and filed a motion to compel the identity of the informant. The district court denied the motions. Defendants conditionally pleaded guilty. Following the remand, Scott Gregory’s identity was revealed and the court held a Franks hearing, denied Defendants’ motion to suppress evidence, and held that the search warrants were supported by probable cause. The Seventh Circuit affirmed. Defendants failed to show that investigators deliberately or recklessly included false information—or omitted material information—that was necessary to a finding of probable cause
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