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United States v. Beard-Hawkins

United States District Court, S.D. Illinois

April 16, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
DAVID L. BRADFORD and DELENTHEGIA BEARD-HAWKINS, Defendants.

ORDER

DAVID R. HERNDON, District Judge.

I. INTRODUCTION

This matter is before the Court on two related motions: (1) defendant David Bradford's motion for disclosure of confidential informants, informers and cooperating individuals (Doc. 40) and (2) the government's motion for an order relating to the disclosure of application and affidavit for search warrant (Doc. 46). Responses have been filed (Doc. 49 and Doc. 51). For the reasons discussed herein, Bradford's motion for disclosure is DENIED (Doc. 40) and the government's motion for disclosure (Doc. 46) is GRANTED.

FURTHER, the Court Re-Sets the deadline for filing pre-trial motions as to both defendants; the defendants are ALLOWED until May 1, 2015 for the filing of any pretrial motions.

I. ANALYSIS

A. Government's Motion for an Order Relating to Disclosure of June 9th Application and Affidavit for Search Warrant (Doc. 46)

A search warrant was issued by Magistrate Judge Williams in Companion Case No. 14-mj-7045-SCW on June 9, 2014. The Application and Affidavit for Search Warrant, and the Search Warrant, were ordered filed under seal by Magistrate Judge Williams until further order of the court for the reasons stated in the Order authorizing sealing (Case No. 14-mj-7045-SCW, Doc. 5). Motions are currently pending before Judge Williams pertaining to the June 9th Application and Affidavit for Search Warrant and the June 9th Search Warrant.

The government maintains that the Application and Affidavit for Search Warrant should not be available in the public record at this time. However, the United States is aware that defense counsel needs the Application and Affidavit for Search Warrant to determine whether to file pretrial motions and to prepare for trial. The United States submits that this need may be met by the United States providing a redacted version of the Application and Affidavit for Search Warrant to counsel for Mr. Bradford and Ms. Beard-Hawkins, with the condition that the Application and Affidavit for Search Warrant be handled by counsel in accordance with this Honorable Court's Protective Order relating to discovery (Doc. 30).

The Court agrees and ORDERS as follows:

The government is ORDERED to provide defense counsel a redacted copy of the Application and Affidavit for Search Warrant in Case No. 14-mj-7045-SCW.

FURTHER, defense counsel is directed to handle the Application and Affidavit for Search Warrant pursuant to this Court's Protective Order entered on February 2, 2015 (Doc. 30).

B. Bradford's Motion for Disclosure - Identities of Informants, Informers and Cooperating Individuals (Doc. 40)

1. Overview

Bradford moves for the entry of an order directing the Government to furnish counsel with the names and identifying information of any confidential sources referred to in any affidavit in support of a search warrant for the defendant's residence or utilized in forming reasonable suspicion or probable cause relied upon in arresting or detaining Bradford (Doc. 40). In addition, Bradford seeks ...


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