692 F. App'x 219
6th Cir.2017Background
- May 8, 2015: MNPD Detectives Bevis and Bowers approached 222 Lucile St.; they smelled a strong odor of unburnt marijuana coming from the house and heard movement but no answer at the door.
- May 19, Detective England conducted a curbside trash pull at the same address and recovered documents linking the address to Talley and a small amount of marijuana in a sealed bag.
- England prepared an affidavit (referencing the odor, the trash pull, and Talley’s prior drug-trafficking conviction) and obtained a search warrant for evidence of violations of the Tennessee Drug Control Act on May 20.
- May 22, officers executed the warrant and seized marijuana, a handgun, and ammunition; Talley, a convicted felon, was charged under 18 U.S.C. § 922(g)(1) for possession of the firearm.
- Talley moved to suppress, arguing the affidavit lacked probable cause to search for marijuana and that the Leon good-faith exception did not apply; the district court denied suppression, and Talley was convicted and sentenced to 60 months.
Issues
| Issue | Talley’s Argument | Government’s Argument | Held |
|---|---|---|---|
| Whether the warrant affidavit established probable cause to search 222 Lucile St. for marijuana | Affidavit relied on stale/insufficient trash-pull and an unverified odor report; Talley’s old conviction and uncertain residency don’t connect him to the house | Odor of fresh marijuana, recent trash-pull showing sealed bag of marijuana, and Talley’s drug conviction together created a fair probability marijuana would be found | Warrant affidavit established probable cause; search valid |
| Whether the Leon good-faith exception could salvage the search if affidavit was deficient | Affidavit so lacking that good-faith exception should not apply | Executing officers relied in good faith on a judge-issued warrant | Court upheld probable cause, and alternatively Leon would apply (district court held good-faith reliance) |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (U.S. 1984) (good-faith exception to exclusionary rule)
- Zurcher v. Stanford Daily, 436 U.S. 547 (U.S. 1978) (warrant searches target places/things; nexus requirement)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (fair-probability standard for probable cause)
- Warden v. Hayden, 387 U.S. 294 (U.S. 1967) (contraband nexus is automatic)
- United States v. Abernathy, 843 F.3d 243 (6th Cir. 2016) (trash-pull alone may be insufficient for probable cause)
- United States v. Church, 823 F.3d 351 (6th Cir. 2016) (analyzing probable cause to find drugs in a residence)
- United States v. Elkins, 300 F.3d 638 (6th Cir. 2002) (officers’ experience recognizing drug odor supports probable cause)