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Thursday, April 18, 2013

Ind. Decisions - 7th Circuit decides one Indiana case today

From UNITED STATES OF AMERICA v. JOHNNIE C. COLLINS (ND Ind., Springmann), a per curiam opinion:

Johnnie Collins fled police officers by car and then by foot after he was stopped for speeding. An officer kicked Collins repeatedly and dosed him with pepper spray, but Collins did not stop resisting until another officer deployed his Taser. Afterward, the officers discovered a bag containing crack and powder cocaine that Collins had discarded during the foot chase, as well as a wad of cash in his pocket. After Collins was charged with possession of crack and powder cocaine with intent to distribute, he moved to suppress the drugs and money on the principal ground that they were obtained through the use of excessive force. The district court denied the motion to suppress, explaining that under United States v. Watson, 558 F.3d 702, 705 (7th Cir. 2009), the use of excessive force during an arrest is not a basis for suppressing evidence. Moreover, the court reasoned, the drugs and money were not seized as a result of the alleged use of excessive force. On appeal Collins challenges this ruling, specifically arguing that we should overturn Watson. We reject his arguments and affirm the judgment.

Posted by Marcia Oddi on April 18, 2013 12:48 PM
Posted to Ind. (7th Cir.) Decisions