United States v. Thompson, No. 16-1105 (7th Cir. 2016)Annotate this Case
While conducting surveillance, based on information about a cocaine transaction, agents followed Bausley to a Chicago apartment building. Bausley parked on the street. Thompson came out wearing a backpack and entered Bausley’s car. Bausley drove around the block and again stopped outside the building. Thompson got out and reentered the building. Agents who saw Thompson communicated with agent Reynolds, who was present but could not see Thompson. Reynolds eventually approached Thompson, who had returned to the lobby from the ninth floor without the backpack. Thompson repeatedly denied living in the building but allowed Reynolds to use his keys. Reynolds used Thompson’s key to open unit 902. Inside the apartment, Reynolds again told Thompson that he was not under arrest and that he did not have to talk to the agents. Thompson signed a consent form, then stated that there was a gun in the TV stand and that there were drugs and cash elsewhere in the apartment. The agents recovered the gun, a kilogram of cocaine, and $10,000 in cash. Thompson was not arrested and agreed to cooperate. Days later, when Thompson stopped answering calls, he was arrested. Thompson was indicted for possession with intent to distribute 500 grams or more of cocaine, 21 U.S.C. 841(a)(1). The Seventh Circuit affirmed denial of Thompson’s motion to suppress; the agents did not commit any violations of Thompson’s Fourth Amendment rights that could have tainted his consent to search his apartment.