United States Seventh Circuit

Grant of a motion to suppress in a drug prosecution is reversed where the government had a compelling interest in interviewing defendant's child at school, and the school officials' intrusion on defendant's interest in maintaining a relationship with her child free from state interference was minimal. Conviction and sentence of another defendant are affirmed over defendant's arguments that the district court erred: 1) by denying his motion to suppress and applying the good faith exception to the exclusionary rule; 2) allowing the government to read portions of his testimony at the suppression hearing, even though he exercised his Fifth Amendment right not to testify at trial; and 3) increasing his maximum sentence based on facts not proved to a jury beyond a reasonable doubt.

Appellate Information

• Argued 06/08/2007
• Decided 07/31/2007
• Published 07/31/2007

Judges

• FLAUM, Circuit Judge., Before POSNER, FLAUM, and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Cynthia J. Ridgeway (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee., Juval O. Scott (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellee., David A. Campbell (argued), Elizabeth M. Bradshaw, LeBoeuf, Lamb, Greene & MacRae, Chicago, IL, for Defendant-Appellant.