United States v. Bender

In United States v. Bender, 5 F.3d 267 (7th Cir. 1993), the defendant was charged with possession of crack cocaine with intent to distribute after being found in possession of crack cocaine when a "no knock" search warrant was executed at a townhouse. Id. at 267-68. The search warrant in Bender was issued based on the fact that a confidential informant had made three purchases of crack cocaine from the townhouse from individuals other than the defendant. Id. at 268. Bender claimed he did not own the drugs he had been holding and was in the townhouse for the first time on a social visit when the warrant was executed. Id. at 269. The panel in Bender affirmed the denial of Bender's motion to disclose the identity of the confidential informant, characterizing the informant as a "tipster" rather than a transactional witness. Id. at 270. The panel recognized that the charges against Bender were not based on criminal activity the informant had witnessed and, therefore, the informant's testimony had "no particular significance to Bender's defense." Id. at 271. The panel further noted that Bender had available other witnesses who, because of their closer involvement, could have "easily and perhaps more convincingly" corroborated his story. Id. at 269-70.