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Monday, July 28, 2008

Ind. Decisions - 7th Circuit issues one Indiana decisions today

In US v. Grogg (SD Ind., Judge McKinney), a 7-page opinion, Judge Bauer writes:
On November 16, 2007, Clarence Grogg entered a conditional plea of guilty to an indictment charging him with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The only issue before us on the appeal is the district court’s denial of Grogg’s motion to suppress evidence obtained by the government when law enforcement agents searched his car at the Indianapolis International Airport. For the following reasons, we affirm Grogg’s conviction. * * *

Grogg does not deny giving his consent to the search of his car and the suitcase containing the gun therein. Since there was no illegal search, we need not discuss his assertion that his consent was the “fruit of the poisonous tree.” See United States v. Schoals, 478 F.3d 850, 853 (7th Cir. 2007).

The conviction is AFFIRMED.

Posted by Marcia Oddi on July 28, 2008 03:37 PM
Posted to Ind. (7th Cir.) Decisions