Wade v. Ramos, No. 20-1241 (7th Cir. 2022)
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The Wades live in a second-floor apartment; the first-floor unit is a short flight of stairs up from ground level. Chicago Police officers were seeking Johnson, a purported heroin dealer. A confidential informant had identified the “second floor” of the Wades’ building as Johnson’s place of operations. Johnson actually lived on the first floor. No officer confirmed Johnson’s address, surveilled the building, or checked whether anybody else was living in the second-floor unit. Officers obtained a warrant for that unit, ascended both staircases, and kicked in the door. Wade was out. A family friend, Dotson, was at the apartment. Dotson’s account differs from police accounts. Dotson alleges that an officer planted narcotics on his person The officers say that upon entering the apartment they found Dotson and Nero inside. Both fled. Officers caught them on the back porch. Video evidence of the events was lost. A thorough search of the Wades’ apartment turned up no drugs. Large quantities of narcotics were discovered in the downstairs unit.
The district court rejected the Wades' suit on summary judgment. Dotson’s claims were settled. The Seventh Circuit affirmed. The Wades have not identified evidence that would allow a reasonable fact-finder to decide in their favor, Given the facially valid warrant and the lack of immediately self-evident ambiguity, the officers were entitled to enter the Wades’ apartment to search.
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