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United States v. Jones

December 29, 1995

UNITED STATES OF AMERICA,

PLAINTIFF-APPELLEE,

v.

OTTO JONES AND ANN JONES,

DEFENDANTS-APPELLANTS.



Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.

No. 89 CR 584--George W. Lindberg, Judge.

Before RIPPLE, MANION, and ROVNER, Circuit Judges.

ROVNER, Circuit Judge.

ARGUED JANUARY 19, 1995

DECIDED DECEMBER 29, 1995

A jury convicted Ann Jones and her husband Otto Jones on counterfeiting charges. They both appeal their convictions, contesting the denial of a motion to suppress evidence of genuine currency found on Mr. Jones at the time of his arrest and two of the district court's evidentiary rulings. *fn1 We affirm.

I.

While investigating the circulation of counterfeit currency in Chicago, Special Agent Keith Larson of the Secret Service learned from a confidential informant (Informant One) on June 19, 1989 that counterfeit bills could be obtained from Doris Duncan. On the same day, another confidential informant introduced Special Agent Mark Waterford (working undercover) to Roger "Bobo" Hunter, who told Waterford that he could make counterfeit currency with an office copy machine. For the moment, agents did not pursue the lead on Duncan and instead focused their attention on Hunter.

On the following day, June 20, Waterford met with Hunter and another individual, Kenny Jackson. The three men proceeded to visit various stores procuring bond paper, a photocopier toner cartridge, ink, and a stamper for use in producing counterfeit. Waterford provided the money to purchase these items; he also supplied genuine $20, $10, and $5 dollar bills to use as the originals in the copying process. When Hunter had the materials he needed, he directed Waterford to drop him off in the vicinity of 55th Street and Ashland and wait with Jackson while he copied the currency at his girlfriend's house; Hunter then departed on foot in the direction of Paulina Street carrying a dark brown leather briefcase and the supplies the men had purchased that day. Jackson, concerned about police surveillance, directed Waterford to drive him to 2200 South Princeton (where Hunter had an apartment) in order to obtain a paper cutter. After speaking with Hunter by telephone and confirming that Hunter had completed the copying, Jackson parted company with Waterford at that address, telling him that Hunter would come by in a taxi to deliver the counterfeit currency. Waterford waited there for a few moments; but after concluding that Jackson and Hunter had been frightened by police surveillance, Waterford decided to leave the Princeton address without ever receiving the counterfeit bills.

On the morning of June 29, 1989, Special Agent Larson and Special Agent Todd Matanich met at a convenience store near the Museum of Science and Industry with Informant One, who once again told the agents that Doris Duncan could obtain counterfeit currency. The agents gave him $100 so that Duncan might do so. The serial numbers of the bills given to the informant were recorded. Informant One then drove off with Duncan in a silver Buick. Agents followed the car to the vicinity of 54th Street and Paulina.

At about the same time that Larson and Matanich were meeting with the informant, Waterford and Special Agent Dennis Doyle were parked in a van on the 5400 block of South Paulina conducting surveillance. *fn2 At 11:32 a.m., they observed a silver Buick pull into an alley located two houses south of 5440 South Paulina; shortly thereafter, they saw Duncan emerge from the alley and walk up to the entrance of Number 5440. When Ann Jones answered the door, the agents saw Duncan take what appeared to be currency from her purse and hand it to Ms. Jones, who closed the door. Minutes later, Duncan approached a window at the front of the house and then walked away toward the alley, counting something in her hands. Informant One subsequently met with Matanich at the convenience store and provided Matanich with three counterfeit $100 bills. Matanich immediately left to obtain a search warrant for the premises at 5440 South Paulina.

Meanwhile, Agents Waterford and Doyle continued their surveillance of 5440 South Paulina. Throughout the day, they witnessed numerous comings and goings at that address, including the following: *fn3

* At 12:18 p.m., a man walked to the front of the house and rang the doorbell. Ann Jones answered the door and handed currency to him. He then walked to another residence north of Number 5440 and handed the currency to other individuals.

* At 12:40 p.m., Keisha Williamson, the daughter of Ann and Otto Jones, arrived on a motor scooter with an unidentified male. Williamson let herself into the house for a few moments. When she emerged, she handed folded currency to the motorcycle driver, who put the currency in his pocket and drove away. Williamson then reentered the house.

* At 2:32 p.m., Ann Jones, whom the agents had not observed leave the house, drove up and parked in front of the residence, and then walked into the house carrying grocery bags.

* At 4:34 p.m., two men arrived in a blue Chevrolet that they parked in front of the house. The driver exited the car, approached the house, rang the doorbell, and was admitted by Mrs. Jones. A short time later he left the house and returned to the car. Moments later, Mrs. Jones came out of the house, walked over to the car, removed currency from her shorts and handed it to the driver.

* At 5:12 p.m., Mrs. Jones left the house, got into a car, and drove away. When she returned forty-five minutes later, a black Thunderbird drove up and parked as she was walking up to the house. The driver of the Thunderbird left his car and spoke with Mrs. Jones on the front porch; he then walked into the house with her. The driver of the Thunderbird left the house a moment later carrying currency.

At about 6:15 p.m., Special Agents Larson and Matanich met with Informant One and gave him another $100 with which to purchase counterfeit currency. Shortly thereafter, Duncan picked him up and drove to the vicinity of 54th and Paulina. At 7:07 p.m., Waterford observed Duncan approach 5440 South Paulina and ring the doorbell. Mrs. Jones answered the door and admitted Duncan into the residence. Minutes later, Duncan emerged from the house with a paperback book in hand. Informant One met with Larson and Matanich later that evening and delivered three counterfeit $100 bills.

At about 7:15 p.m., approximately seven Secret Service agents and two Chicago police officers executed a search warrant that had been obtained for the premises of 5440 South Paulina. Mrs. Jones answered Agent Matanich's knock on the front door and admitted the officers to the home. Mr. Jones was standing just inside the doorway, dressed in pajamas and a bathrobe. As the officers entered, Mrs. Jones dropped an apparently genuine $20 bill as she attempted to stuff papers into her pants. When she was searched, agents discovered an envelope in the waistband of her pants containing some $6,000 worth of counterfeit bills in ...


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