106 F.4th 455
6th Cir.2024Background
- A confidential informant told police Antwone Sanders was selling heroin/fentanyl from Apartment D at 2852 Yellowstone Parkway; police identified a matching subject.
- Police conducted two controlled buys: on each occasion officers observed Sanders travel between the buy location and the Yellowstone apartment and the informant purchased drugs from Sanders.
- Officers obtained a state search warrant for the apartment (and Sanders/car) based on the informant tip and the two controlled buys; the warrant was executed and recovered ~30 grams of heroin/fentanyl, some cocaine, two handguns, and cash.
- Sanders was federally indicted on drug and firearms charges, moved to suppress the apartment evidence, and sought related discovery; the district court denied suppression and discovery; Sanders pleaded guilty (preserving appeal rights) and appealed after a panel vacated but the en banc court granted review.
- The en banc Sixth Circuit affirmed: it held the warrant established a sufficient nexus (or, alternatively, officers reasonably relied on it under Leon) and denied the Rule 16 discovery claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable-cause nexus for warrant | Sanders: affidavit failed to show the apartment was the source/storage of drugs; informant basis and residency not established | Government: two controlled buys plus surveillance linking Sanders to the apartment and the tip furnished a fair probability contraband would be found there | Court: Probable cause satisfied on totality; issuing judge had substantial basis; deference to magistrate |
| Leon / bare-bones good-faith exception | Sanders: affidavit was bare-bones; officers not objectively reasonable to rely on it | Government: affidavit contained more than a "modicum" of corroboration; Leon saves the search even if probable cause were borderline | Court: Good-faith exception applies; affidavit not bare-bones, officers’ reliance objectively reasonable |
| Franks challenge / evidentiary hearing | Sanders: audio evidence suggests an officer was unethical; this could show knowing/reckless falsity warranting Franks hearing | Government: no substantial preliminary showing of deliberate/reckless falsehood; other officers corroborated surveillance, so any alleged falsehood is immaterial | Court: No Franks hearing; allegations insufficient and not material to probable-cause finding |
| Rule 16 discovery (case reports, buy evidence) | Sanders: requested investigatory reports and buy drugs to challenge the warrant and for trial preparation | Government: requests not "material to preparing the defense" of the government’s case-in-chief (Armstrong limits Rule 16 scope); some materials may be internal and exempt | Court: Denial affirmed—Sanders failed to show materiality to rebut government’s case; any error in producing buy drugs was harmless |
Key Cases Cited
- Zurcher v. Stanford Daily, 436 U.S. 547 (warrant must be supported by probable cause and describe place/things)
- Illinois v. Gates, 462 U.S. 213 (totality-of-circumstances probable-cause standard)
- United States v. Leon, 468 U.S. 897 (good-faith exception to exclusionary rule)
- Franks v. Delaware, 438 U.S. 154 (procedure for alleging knowing/reckless falsehoods in affidavits)
- United States v. Grubbs, 547 U.S. 90 (probable cause = fair probability evidence will be found)
- Maryland v. Pringle, 540 U.S. 366 (probable cause standard explained)
- United States v. Carpenter, 360 F.3d 591 (6th Cir. en banc) (nexus requirement between place and evidence)
- United States v. Christian, 925 F.3d 305 (6th Cir. en banc) (holistic review, caution about hypertechnical parsing)
- United States v. Higgins, 557 F.3d 381 (6th Cir. 2009) (insufficient informant corroboration can defeat probable cause)
- United States v. Brown, 828 F.3d 375 (6th Cir. 2016) (known-dealer status alone insufficient; need link to residence)
- United States v. Ellison, 632 F.3d 347 (6th Cir. 2011) (observing suspect leave and return to residence after a deal supports nexus)
- United States v. White, 990 F.3d 488 (6th Cir. 2021) (circumstantial evidence and corroboration can establish nexus)