N.D.Ill.: Removing drugs from a package with an already issued anticipatory warrant and not telling court wasn’t material to PC

There was no material falsity in the affidavit for the search warrant which mentioned 58 prior international shipments to defendant’s place. Specifically, the drugs were removed from the package for the anticipatory warrant and replaced with fake stuff after the warrant was issued. Nothing undermines the probable cause. United States v. Calligan, 2019 U.S. Dist. LEXIS 215663 (N.D. Ill. Dec. 16, 2019), adopting, 2019 U.S. Dist. LEXIS 217059 (N.D. Ill. Oct. 28, 2019).

Defendant does not show a reasonable expectation of privacy in the place searched. “Garrett does not claim to have had a lawful right to occupy 467 Victory Drive. Instead, he argues that his subjective belief that he had a valid lease on the property entitles him to the Fourth Amendment’s protections. But this argument does not withstand scrutiny because Garrett’s purported belief in the lawfulness of his occupancy is neither credible nor objectively reasonable.” United States v. Garrett, 2019 U.S. Dist. LEXIS 215468 (N.D. Ill. Dec. 16, 2019).*

The encounter with drug officers on a bus in Albuquerque was consensual, and it ripened in to reasonable suspicion and then probable cause. Then defendant’s bag could be searched. United States v. Johnson, 2019 U.S. Dist. LEXIS 215776 (D. N.M. Dec. 16, 2019).*