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United States v. Harris

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ARGUED DECEMBER 5, 2007

Before FLAUM, EVANS, and WILLIAMS, Circuit Judges.

This is the second appeal in the criminal prosecution of Antone Harris. Based on information provided by Detective Michael Forrest in a warrant affidavit, a magistrate judge issued a warrant to search Harris’s residence for cocaine and drug contraband, and the next day they seized several firearms, cocaine base, and paraphernalia commonly used to cook and package crack cocaine. A jury convicted Harris on one count of possession with intent to distribute more than fifty grams of a mixture containing cocaine base. The first time the case was here, we held that the district court improperly denied Harris a hearing, pursuant to Franks v. Delaware, 438 U.S. 154 (1978), when it found that the warrant affidavit contained false statements but relied on information in a supplemental affidavit to establish that probable cause existed for the warrant. We remanded the case, directing the district court to conduct a Franks hearing. See United States v. Harris, 464 F.3d 733 (7th Cir. 2006) (“Harris I”). The district court did so and found that the warrant affidavit did not contain any recklessly-made false statements which were material to the finding of probable cause and that probable cause existed for the search of Harris’s residence.

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