675 F.3d 1007
6th Cir.2012Background
- Carney was sentenced to 51 months after a conditional guilty plea to felon in possession of a firearm, counterfeit money, and passing counterfeit money.
- Police investigated two counterfeit incidents: Circle K in 11/28/08 and a Wii sale in 11/21/08.
- CSIs linked a white Chevy SUV with license 871-JKC to Carney and the Saddlebrook Court residence (4902 Saddlebrook Ct. #1).
- Forsythe identified Carney in photo lineups (though not in the same lineup as a different suspect for one incident), and Williams identified a white Chevy in the 11/21/08 incident.
- Agent McNaughton observed Carney at 4902 Saddlebrook Ct. and noted prior residence at that address; Carney was arrested and a warrant sought to search the apartment and the white Chevy SUV.
- Warrant affidavit tied multiple counterfeit transactions, Carney’s residence, and the vehicle together; searches yielded firearms and other items; district court initially suppressed but later denied suppression under good-faith exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for the search warrant | Carney argues lack of probable cause | Carney contends warrant is based on misstatements/omissions | Probable cause found; nexus shown; good-faith exception applies |
| Warrant based on misstatements/omissions | Glauber statements omitted/false statements | No reckless disregard shown; omissions/remarks not material | No Franks violation; warrant upheld |
| Good faith exception applicability | If no probable cause, good faith should not save | If probable cause, good faith not at issue | Probable cause supported by totality-of-circumstances; good faith applies; admission proper |
Key Cases Cited
- United States v. Abboud, 438 F.3d 554 (6th Cir. 2006) (probable-cause and nexus support warrant under totality of the circumstances)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception applies when warrant based on reasonable belief in validity)
- United States v. Carpenter, 360 F.3d 591 (6th Cir. 2004) (nexus between crime evidence and searched places may rely on totality of circumstances)
- United States v. McPhearson, 469 F.3d 518 (6th Cir. 2006) (distinguish cases where home search is not supported by additional facts)
- United States v. Sneed, 385 Fed.Appx. 551 (6th Cir. 2010) (evidence linking residence to suspected activity supports warrant)
- United States v. Gunter, 551 F.3d 472 (6th Cir. 2009) (probable-cause nexus from nature of offense and evidence sought)
- United States v. Khami, 362 Fed.Appx. 501 (6th Cir. 2010) (omissions in affidavit may be overbroad unless showing reckless disregard)