United States Seventh Circuit

District court order suppressing disputed evidence related to a bank robbery charge against defendant is reversed where: 1) the out of court identification of defendant based on evidence seized from his apartment was admissible under an attenuation theory as the officer did not know or should have that the search was likely to be unconstitutional, and thus there was no flagrant and purposeful misconduct that merits application of the exclusionary rule to evidence unearthed subsequent to the warrantless search; 2) the bait bills tying defendant to the robbery were admissible as consent to the search was a sufficient intervening event to break the causal chain between the illegal search, and a search where the bills were found; and 3) defendant's confession was admissible as there was probable cause for his arrest.

Appellate Information

• Argued 06/04/2009
• Decided 07/20/2009
• Published 07/20/2009

Judges

• FLAUM, Circuit Judge., Before FLAUM, WOOD, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Christopher R. McFadden, Attorney (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Carol A. Brook, Attorney, Matthew J. Madden, Attorney (argued), Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellee.