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United States of America v. Roger D. Slone

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ARGUED NOVEMBER 2, 2010

Before CUDAHY, FLAUM, and KANNE, Circuit Judges.

Roger D. Slone was arrested during an operation in which law enforcement worked their way down the drug-supply food chain. An under-cover agent with the Drug Enforcement Administration (“DEA”) drove a tractor-trailer filled with marijuana to an Indiana warehouse; law enforcement then took into custody those who received drugs from the shipment. Slone was arrested for conducting countersurveillance or security for a vehicle into which 500 kilograms of the drugs had been offloaded. He was subsequently convicted of conspiracy to distribute marijuana and sentenced to 120 months in prison. On appeal, Slone maintains that police lacked probable cause to arrest him. Even if true, that would not be sufficient to over-turn his conviction. Evans v. Poskon, 603 F.3d 362, 364 (7th Cir. 2010). However, if police lacked probable cause to arrest him, then the exclusionary rule should have applied and led the district court to suppress self-incriminating post-arrest statements that Slone made to a federal agent, as well as evidence that was found in Slone’s vehicle. He argues as much and likewise contends that evidence from his vehicle should have been suppressed under the Supreme Court’s decision in Arizona v. Gant, 129S. Ct. 1710 (2009). Neither argument is persuasive, however, and we affirm the judgment of conviction.

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