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Wednesday, August 20, 2008

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

In US v. Terry L. Reed (ND Ind., CJ Miller), an 11-page opinion, Judge Manion writes:

During interrogation by police, Terry Reed claimed he had no authority to permit a search of a dwelling he apparently shared with his girlfriend. After he was arrested on an outstanding warrant, his girlfriend consented to a search that produced a weapon and drugs. Reed was convicted by a jury of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and being a drug user in possession of a firearm in violation of 18 U.S.C. § 922(g)(3). Reed appeals the district court’s denial of his motion to suppress, claiming that the search violated the Supreme Court’s holding in Georgia v. Randolph, 126 S.Ct. 1515 (2006). He also challenges the district court’s rejection of a proposed jury instruction. We affirm. * * *

The police officers’ search of 4009 Bonfield did not violate the principles set forth in Randolph, and therefore the district court properly denied Reed’s motion to suppress. Regarding the jury instructions, the district court did not err in denying Reed’s proposed instruction because the instruction given properly informed the jury of the controlling law and instructed the jury on Reed’s theory of defense. Accordingly, we AFFIRM.

ROVNER, Circuit Judge, concurring. [the dissent begins I agree both with the result and the bulk of the reasoning in this majority opinion. I object only to the statement that a valid arrest eviscerates a resident’s objection to an officer’s request to search made while that resident was present on the property.

Posted by Marcia Oddi on August 20, 2008 03:05 PM
Posted to Ind. (7th Cir.) Decisions