May 16, 2017
from the United States District Court for the Northern
District of Illinois, Eastern Division. No. 11 CR 290 - Joan
Humphrey Lefkow, Judge.
Bauer, Flaum, and Kanne, Circuit Judges.
Ronald Johnson entered a conditional guilty plea to one count
of possession of heroin with intent to distribute, 21 U.S.C.
§ 841(a)(1), reserving the right to appeal the denials
of his motions to suppress the evidence found in his
condominium. Johnson now challenges those denials. We affirm.
Search Warrant Affidavit
April 12, 2011, Agent Paul Matuszczak of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, applied for a
search warrant for Johnson's condominium located at 728
W. Jackson Blvd., Unit #310, in Chicago, Illinois (the
"Jackson residence" or "condo"). The
search warrant affidavit, which also incorporated by
reference an affidavit submitted in support of the search of
informant Lor en Coleman's residence, included the
March 30, 2011, a grand jury returned an indictment charging
Coleman with two counts of being a felon in possession of a
firearm, 21 U.S.C. § 922(g), and two counts of
possession of heroin with intent to distribute, 21 U.S.C.
§ 841(a)(1). On that same day, the district court issued
a warrant for Coleman's arrest.
April 12, 2011, ATF agents executed the warrant at
Coleman's residence, located in Chicago, Illinois. During
a protective sweep, the agents observed a tannish substance
on a bedroom dresser that appeared to be heroin. The agents
asked for permission to search the apartment, but Coleman
refused. After reading Coleman his Miranda rights,
the agents asked about the substance; Coleman responded that
it was heroin for his personal use, that he used heroin the
previous night, and that he expected to suffer from
withdrawal within two hours.
the agents escorted Coleman out of the apartment and placed
him in a law enforcement vehicle, they interviewed his wife,
Charisse Coleman, at the residence. According to Charisse,
Coleman kept a gun in the bedroom. She said that the last
time she saw Coleman use the gun was on December 31, 2010,
when she observed him shoot a round out of the
residence's window. According to Charisse, Johnson and
Coleman had been selling heroin for the past 20 years. She
told agents that Johnson was the leader of a crew of five to
six other heroin dealers, who were all members of the
Gangster Disciples. She said that, over the past year,
Coleman would acquire heroin from Johnson and resell it. She
stated that, up until a few months prior, Johnson and Coleman
would bag heroin at her residence and that she had
occasionally passed through the room where they were
completing this task. She recalled seeing Johnson and Coleman
in her residence with heroin, guns, and money in October or
November 2010. She said that she overheard several phone
conversations between Coleman and Johnson in 2011 that
involved code words for heroin deals. She stated that a few
months prior Coleman told her that he and Johnson began
bagging the heroin at Johnson's new residence located in
Greektown, a neighborhood in Chicago; Agent Matuszczak
testified that the condo is directly across the highway from
the Chicago neighborhood known as "Greektown."
Charisse ultimately consented to the search of the residence.
agents then re-approached Coleman and told him they would
transport him to the hospital before he got sick. Coleman
then said, unprompted, "That shit up there ain't
[Charisse's], let's work out a deal." Agents
responded that they could not make him a deal. The agents
read Coleman his Miranda rights again and provided
him a waiver form, which he signed. Coleman then told the
agents that he had two guns and 100 grams of heroin inside
the residence. The agents again asked Coleman for consent to
search; he agreed. Coleman was then transported to the
receiving consent from both Coleman and Charisse, agents
obtained and executed a search warrant for Coleman's
residence where they found a variety of drug paraphernalia,
two guns, and approximately 168 grams of heroin.
point, Coleman was again advised of and had waived his
Miranda rights before being interviewed by agents.
During the interview, Coleman stated that he bought 150-200
grams of heroin per week from Johnson and that Johnson
provided most of the heroin he sold. He purchased drugs at
Johnson's condo, which he told the agents was unit #310
at the Jackson residence. He would pay Johnson $13, 000 for
200 grams of heroin, but, frequently, would pay Johnson a
portion of the $13, 000 up front and pay the remaining
balance after he sold the drugs. He stated that he bought 200
grams of heroin from Johnson at his condo on April 10, 2011,
for which he paid him $6, 500 and promised to pay the
remaining $6, 500 after he ...