United States v. Richard Wesley Elliott

Richard Wesley Elliott entered a conditional guilty plea to one count of being an Armed Career Criminal, 28 U.S.C. § 922 (g)(1). He appeals the district court’s denial of his motion to suppress evidence seized during execution of a search warrant. Elliott argues that the district court erred in finding (1) that police officers did not intentionally or recklessly omit or make false statements in the search warrant affidavit, and (2) that the affidavit established probable cause to search his person wherever he could be found. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

FACTS

On November 29, 2000, Officer Ben Kempke obtained a warrant to search for controlled substances, weapons, and other items at a residence in Myrtle Creek, Oregon (the “Kelly residence”). The warrant also authorized searches of Elliott, Ross Kelly, and Shane Benedict, regardless of whether they were at the Kelly residence.

The search warrant affidavit Officer Kempke had submitted to the magistrate (the “affidavit”) largely relied on information provided by a confidential informant, later identified as Sean Lindsey. We summarize the following pertinent information conveyed in the…