United States v. Zamudio, No. 18-1529 (7th Cir. 2018)Annotate this Case
An FBI investigation into Indianapolis drug‐trafficking included judicial authorization to intercept calls from 10 cell phones. During its authorized surveillance, the government intercepted calls between the apparent head of the drug‐trafficking conspiracy and his brother, Zamudio. The government obtained a search warrant to search 34 locations, including Zamudio’s residence. Agent Bates prepared the application and 84‐page affidavit, including three specific instances of Zamudio’s participation in the drug‐trafficking conspiracy. The affidavit identified Zamudio’s address, that he paid utilities at this address, and that his vehicle was routinely parked there overnight, but did not include information that drug‐trafficking activity actually took place at Zamudio’s residence. Bates stated that based on his experience and training, drug traffickers generally store their drug‐related paraphernalia and maintain records relating to drug-trafficking in the residences or the curtilage of their residences, and typically possess dangerous weapons at their residence to protect their profits, supply of drugs, and themselves. The search yielded approximately 11 kilograms of methamphetamine, a loaded gun, and a cell phone used to make intercepted calls. Zamudio was charged with participating in a drug‐trafficking conspiracy. The district court granted Zamudio’s motion to suppress the seized items. The Seventh Circuit reversed. The issuing judge reasonably drew the inference that indicia of drug‐trafficking would be found at Zamudio’s home; the evidence was enough to create a fair probability that Zamudio’s home contained evidence of a crime.